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ZMOORE, LTD., DOING BUSINESS AS, COMMERCE RESTAURANT, plf-ap, v. KINGMAN MANAGEMENT LLC def-res

4813. ZMOORE, LTD., DOING BUSINESS AS, COMMERCE RESTAURANT, plf-ap, v. KINGMAN MANAGEMENT LLC def-res — Hinckley & Heisenberg LLP, New York (Christoph C. Heisenberg of counsel), for ap — Smith & Krantz LLP, New York (Jeremy J. Krantz of counsel), for res — Judgment, Supreme Court, New York County (Arthur F. Engoron, J.), entered October 19, 2016, dismissing the complaint and awarding defendants attorneys' fees, unanimously affirmed, without costs.

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4813. ZMOORE, LTD., DOING BUSINESS AS, COMMERCE RESTAURANT, plf-ap, v. KINGMAN MANAGEMENT LLC def-res — Hinckley & Heisenberg LLP, New York (Christoph C. Heisenberg of counsel), for ap — Smith & Krantz LLP, New York (Jeremy J. Krantz of counsel), for res — Judgment, Supreme Court, New York County (Arthur F. Engoron, J.), entered October 19, 2016, dismissing the complaint and awarding defendants attorneys’ fees, unanimously affirmed, without costs.

Plaintiff leased the ground floor and basement from defendants for the operation of its restaurant. In the basement, plaintiff had the exclusive use of approximately 500 square feet of space and a delivery hatch onto the sidewalk; the two areas were connected by a shared common hallway, at the end of which was an elevator designated for defendants’ exclusive use. When defendants undertook work to replace the antiquated elevator, they erected a barrier wall in the hallway, about four feet from the elevator, to address plaintiff’s concerns about the construction’s impact on its food preparation. This wall did not obstruct the delivery hatch.

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