Commercial Landlord-Tenant—Landlord Alleged That Tenant Failed to Meet Obligation to Restore Property to Useable and Marketable Condition and the Cost Thereof Will Be Approximately $200 Million

A plaintiff landlord appealed from a trial court decision which granted the defendant tenant’s (The Salvation Army’s) motion to dismiss the complaint. The tenant had entered into a lease for the use of a hotel, “as a Tier II homeless facility pursuant to a parallel services agreement” (SA) with the Department of Homeless Services (DHS) and the City of New York. The tenant’s obligations under the lease were funded by and through the SA.