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Justice Makowski http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=44403 PLAINTIFF LANDLORD sought declaratory judgment that tenant bank breached its lease by failing to remove certain equipment from “telephone and electrical closets.” It claimed that the closets were not part of the bank’s rentable space and that it did not seek permission for the equipment’s installation. The bank argued that the closets were common areas. The court found the closets to be common areas. Observing that the bank had used the closets to house “telecommunications” equipment for nearly 30 years, the court noted the equipment in the closets was different in extent, but not type, from network/telecommunications/computer equipment that the bank had placed in the closets since the 1970s. Finding that the evidence showed that plaintiff allowed similar equipment in the closets for decades, the court ruled that the bank established its entitlement to a declaratory judgment that it did not violate its lease.

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