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AFTER MIDNIGHT COMPANY LLC, plf-ap, v. MIP 145 EAST 57TH STREET, LLC, def-res

2644. AFTER MIDNIGHT COMPANY LLC, plf-ap, v. MIP 145 EAST 57TH STREET, LLC, def-res — Sher Tremonte LLP, New York (Robert Knuts of counsel), for ap — Cleary Gottlieb Steen & Hamilton LLP, New York (Mark McDonald of counsel), for res — Order, Supreme Court, New York County (Carol Edmead, J.), entered on or about November 16, 2016, which, to the extent appealed from as limited by the briefs, granted defendant's motion dismissing in part the complaint, unanimously affirmed, with costs.

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2644. AFTER MIDNIGHT COMPANY LLC, plf-ap, v. MIP 145 EAST 57TH STREET, LLC, def-res — Sher Tremonte LLP, New York (Robert Knuts of counsel), for ap — Cleary Gottlieb Steen & Hamilton LLP, New York (Mark McDonald of counsel), for res — Order, Supreme Court, New York County (Carol Edmead, J.), entered on or about November 16, 2016, which, to the extent appealed from as limited by the briefs, granted defendant’s motion dismissing in part the complaint, unanimously affirmed, with costs.

The IAS court properly found that article 4 of the parties’ lease precludes plaintiff, a commercial tenant, from bringing any claim against defendant landlord for inconvenience, annoyance, or injury to plaintiff’s business. This Court has repeatedly interpreted substantially identical lease provisions in this way (see e.g. Bowlmor Times Sq. LLC v. AI 229 W. 43rd St. Prop. Owner, LLC, 106 AD3d 646, 647 [1st Dept 2013]; Duane Reade v. 405 Lexington, L.L.C., 22 AD3d 108, 111, 112 [1st Dept 2005];Periphery Loungewear v. Kantron Roofing Corp., 190 AD2d 457 [1st Dept 1993]).

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