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ICSC Legal Database - CasesMonday, February 22, 1999 05:06 PM

Case Index:
01557

Citation:
1009 Second Avenue Associates v. New York City Off-Track Betting Corp., 669 N.Y.S. 2d 540 (App. Div. 1st

Dept. 1998).

Issue:
When the landlord could not deliver the premises to the new tenant due to the existing tenant's holding over, the

 landlord sued for the amount of rent the new tenant would have paid. The court applied and reviewed contract

law, holding that only damages within the contemplation of the parties at the time of the contract were

recoverable. The lease contained a clause allowing consequential damages if the landlord wanted to demolish

the building. The court reasoned that consequential damages were extraordinary, and the parties only provided

for their recovery under certain specified circumstances. The landlord could not recover the lost rent as

consequential damages because that was not allowed under the lease.

Facts:

Holding:

Publication:
Legal Update

Date:
Summer 1998

Classification 1:
Landlord and Tenant

Classification 2:

Classification 3:

01557 - Legal Update - Summer 1998