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Duane Reade, Inc. v. Reade Broadway Associates

710 N.Y.S.2d 566, 7/10/00 N.Y.L.J. 22, (col.5), 28 H.C.R. 456A (App. Div. 1st Dept. 6/6/00)

Under terms of commercial lease, landlord was contractually relieved of liability for delay in delivering leased premises caused by a holdover tenant. Landlord expeditiously commenced a holdover proceeding and promptly entered a stipulation ensuring holdover's vacatur with only a five-month delay, which in all likelihood prevented additional delay arising from completion of holdover proceeding and recovery of possession of premises. The period of approximately five months for landlord to recover possession of commercial realty from holdover tenant was not an unreasonable amount of time while holdover proceeding occurred in Civil Court. (Lease provision requires landlord to take all reasonable steps to assure that tenant would get possession of premises as soon as possible after the expiration of holdover tenant's lease.)  Link to Full Text of Decision

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