Tenant with Stairwell Access Could Not Terminate Over Broken Elevator

July 25, 2010
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Facts: A garment manufacturer tenant signed a lease for the seventh floor of a building. The tenant and owner acknowledged that because the building's elevator was undergoing renovations, it might not be available for service at the start of the lease term. To account for the possible delay, the tenant and owner included in the lease a secondary commencement date that the tenant could wait until to move into the space.

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