In Natixis N. Am., Inc. v. Solow Bldg. Co. II, L.L.C. , when the New York County Supreme Court found Natixis wasn't in default of its lease, the landlord appealed to the Appellate Division, First Department.
The AD1 was of the view the tenant hadn't breached its lease by allowing "unaffiliated entities" use of the premises or by failing to remove refrigerant (as mandated by the Federal Clean Air Act).
And while an injunction had issued preventing the landlord from interfering with the tenant's renovations, challenging that relief was seen as "academic" as Natixis had already completed its work.
Did Solow's case earn a failing grade?
To download a copy of the Appellate Division's decision, please use this link: Natixis N. Am., Inc. v. Solow Bldg. Co. II, L.L.C.