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Contracts Keyed to Ayres
Rosario Inchaustegui v. 666 5th Avenue Limited Partnership
Citation:
268 A.D.2d 121, 706 N.Y.S.2d 396, 725 N.Y.S.2d 627 (2001)Facts
Rosario Inchaustegui operated a hair salon business in a commercial building owned by 666 5th Avenue Limited Partnership. According to the terms of their lease agreement, the landlord was required to provide air conditioning services during certain hours. However, the landlord failed to provide air conditioning on weekends, which the tenant claimed significantly affected business operations, especially during summer months. The tenant alleged that the lack of air conditioning caused discomfort to customers and staff, resulting in canceled appointments and a general decline in business. The tenant sought damages for lost profits, arguing that these losses were a direct and foreseeable consequence of the landlord’s breach of the lease agreement.
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