Contracts

First Department reinstates breach of proprietary lease claim where cooperative amended lease provisions eliminating penthouse shareholder’s exclusive roof garden rights without required consent.

First Department affirms summary judgment for tenant, holding landlord cannot collect additional rent based on tax escalations for taxes reduced by ICAP abatement that landlord did not actually pay.

Second Department affirms denial of preliminary and Yellowstone injunctions for parking lot licensee, holding license agreement with MTA subsidiary did not create landlord-tenant relationship.

Second Department reverses $32,000 judgment for Fire Island tenant in COVID-19 lease dispute, holding unjust enrichment claim barred by valid lease and frustration of purpose issues remain triable.

Second Department affirms dismissal of breach of warranty action, holding non-transferable construction warranties cannot be enforced by subsequent property owners.