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

Case Index:
01612

Citation:
231 Centre Street Associates v. Post Brothers Service Stations, Inc. 675 N.Y.S. 2d 92 (N.Y. App. Div. 1st Dept.

 1998).

Issue:
Summary judgment was reversed in a case involving a subtenant's rights upon expiration of a prime lease on

property adjacent to the plaintiff's property. The effect of ejecting the subtenants and removing the encroaching

structures would be to cut off all access to their businesses and cut the structure of subtenant in half. Even

though a sublease is dependent on a prime lease, the subtenants may have equitable defenses to defeat the

plaintiff's otherwise immediate right to possession. Moreover, the subtenants demonstrated the uses of the

property and their necessary encroachments to establish an implied easement existed long before the plaintiffs

purchased the property.

Facts:

Holding:

Publication:
Legal Update

Date:
Winter 1998

Classification 1:
Landlord and Tenant

Classification 2:

Classification 3:

01612 - Legal Update - Winter 1998