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Tenant Did Not Waive Its Right to Renew Lease of Air RightsLandowner Had No Vested Right to Maintain ShedSpecial Permit Denial OverturnedChallenge to Application of Zoning Amendment Not Ripe

6 minute readAugust 31, 2025 at 11:03 PM
By
New York Real Estate Law Reporter Staff
Development

Tenant Did Not Waive Its Right to Renew Lease of Air Rights



JAB Building, LLC v. 950 Third Avenue LLC

2025 WL 1298380

AppDiv, First Dept.

(memorandum opinion)

In landlord’s action for a declaratory judgment regarding its air rights, landlord appealed from Supreme Court’s dismissal of the complaint. The Appellate Division affirmed, holding that tenant had not waived its right to renew its lease of air rights.

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