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ICSC Legal Database - CasesMonday, February 22, 1999 05:01 PM

Case Index:
00026

Citation:
Arnot Realty Corp. v. New York Telephone Co., 665 N.Y.S. 2d 478 (N.Y. App. Div. 1997).

Issue:
A tenant's obligation to keep the building in repair and good condition, make structural repairs, and comply with

all governmental regulations did not necessarily require the tenant to perform cleanup of asbestos installed

during construction prior to its occupation of the leased premises. In addition, even though the landlord sought

damages for removal of fixtures and alteration of the premises pursuant to a request made after the tenant

vacated, that obligation survived the termination of the lease. The obligation to remove the asbestos, however,

could not have been in the contemplation of the parties 20 years ago when the repair provision and

compliance-with-laws provisions were agreed to. Consequently, summary judgment was inappropriate on the

question of whether the loose asbestos was a result of normal wear and tear or the result of the tenant's

operation in the premises.

Facts:

Holding:

Publication:
Legal Update

Date:
Spring 1998

Classification 1:
Landlord and Tenant

Classification 2:

Classification 3:

00026 - Legal Update - Spring 1998