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TENANT FOUND LIABLE TO N.Y. LAW FIRM NEW YORK � A fashion house that failed to vacate its Manhattan offices after its lease terminated is liable for trespass to the law firm that was expecting to move into the space, a state judge has ruled. Kronish Lieb Weiner & Hellman, which already occupied the 46th and 47th floors of the W. R. Grace building at 1114 Avenue of the Americas, had sought to exercise an option to lease the 48th floor, beginning in June 2003. But the floor’s occupant at the time, women’s clothing maker Tahari Ltd., refused to vacate the space, though its own lease ended in May 2003. Tahari was eventually forced out in January 2005 after both a trial court and the Appellate Division, First Department, ruled against the company in an ejectment action brought by the building’s owner, Trizechahn-Swig. In both rulings, the courts found Kronish Lieb’s right to exercise its option on the space superseded any occupancy right of Tahari, which claimed it was promised an opportunity to renegotiate its lease. Kronish Lieb subsequently sued Tahari for damages. In Kronish Lieb v. Tahari, 590613/05, Manhattan Supreme Court Justice Walter Tolub agreed with the law firm that it was entitled to summary judgment for trespass because the law and facts behind its claims had already been fully litigated and affirmed. � New York Law Journal

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