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D.S. 53-16-F Assocs. v. Groff Studios

Court Declares Tenant Waived, Has No Right to Use Elevator in Building to Access Basement

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DECISION & ORDER

*1  The parties to this bench trial stipulated to the submission of direct testimony by affidavit, with each party reserving the right to cross-examine the opposing party. The parties also stipulated to 29 undisputed facts and to the admission into evidence of 37 exhibits plus over 30 sets of Minutes of defendant’s Board of Directors, all of which were received into evidence. The defendant, without objection, also proffered portions of the deposition testimony of Garry L. Cohen, the general partner of the plaintiff. Mr. Cohen is a Harvard MBA who, currently, or in the past, has been a principal in over a half dozen residential and commercial real estate investments. Plaintiff is the current tenant of the lease to Store E, which includes certain ground floor space and part of the basement in the building located at 151 West 28th Street, New York, New York (hereinafter referred to as the “Tenant”). The defendant is a cooperative corporation that owns the premises at 151 West 28th Street (the “Building”), and is the landlord under the lease (hereinafter referred to as the “Landlord”). Store E is presently subleased by the Tenant to a wholesale flower distributer, Empire Cut Flower.

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