Opinion
No. 570899/12.
2013-02-1
Ronen SARRAF and Joseph Gentile, Plaintiffs v. OMIMI & ASSOCIATES, LLC., Defendant–Respondent.
Plaintiffs, as limited by their brief, appeal from that portion of an order of the Civil Court of the City of New York, New York County (Kathryn R. Freed, J.), dated May 8, 2012, which denied their motion for summary judgment.
Present: LOWE, III, P.J., SCHOENFELD, HUNTER, JR., JJ.
PER CURIAM.
Order (Kathryn R. Freed, J.), dated May 8, 2012, affirmed, with $10 costs.
We sustain the denial of plaintiffs' motion for summary judgment in the absence of any conclusive showing that their vacatur of the subleased office premises in December 2010, approximately one year prior to the expiration of the governing sublease agreement, was the result of acts or omissions on the part of defendant sublessor that substantially and materially deprived plaintiffs of the beneficial use and enjoyment of the premises ( see Pacific Coast Silks, LLC v. 247 Realty, LLC, 76 AD3d 167, 172 [2010];Rubin v. Leshner, 36 AD3d 473 [2007];see also JPMorgan Chase Bank, N.A. v. Rocar Realty Northeast, Inc., 47 AD3d 425 [2008],lv dismissed11 NY3d 761 [2008],citing 1 Dolan, Rasch's Landlord & Tenant–Summary Proceedings § 9:63 [4th ed] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.