Tenant's Use of Cooking Equipment Permitted by Lease

July 31, 2017
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Facts: A sushi restaurant began operating in the basement space of a mixed-use brownstone building that included other commercial space and some apartments. It became apparent that cooking odors were wafting into the first-floor commercial space, which was vacant but being shown to prospective tenants by a realtor. Several prospective tenants didn’t sign leases because of the odor. The tenant took steps to ameliorate the cooking odor, but the landlord continued to complain about that and other unrelated supposed lease defaults.

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