In the event of a fire, 425 Park Avenue Company's lease obligated it to restore its space to the way it was before.
When the tenant later suffered damage, the landlord interfered with the restoration effort by insisting that the telecommunications system be upgraded. (The owner believed that the work was required to get the space "in first class order, repair and condition.")
After the New York County Supreme Court granted relief in the tenant's favor, the owner appealed.
Since it thought the lease didn't obligate the tenant to do the upgrade, the Appellate Division, First Department, concurred with the outcome.
Where was the disconnect?
To view a copy of the Appellate Division's decision, please use this link: 425 Park Ave. Co. v 425 Park Ave. Ground Lessee L.P.