Appellate Division, First Department · October 6, 2026 · 2026 NY Slip Op 05723
H. Roske & Associates LLP v ESRT Empire State Building LLC
Read the official decision: 2026 NY Slip Op 05723
This record is held from search listings because it does not meet the site’s substance floor; the official text is linked below.
Holding The court affirmed the dismissal of the complaint because the plaintiff expressly waived its constructive eviction rights in the lease. Additionally, the complaint failed to identify any specific lease provision that was breached by the defendant.
The court’s words
plaintiff, a commercial tenant, expressly waived its constructive eviction rights in the lease and is therefore precluded from now asserting a constructive eviction cause of action
2026 NY Slip Op 05723, at the official text
the claim was not sufficiently alleged in the complaint, and the affidavits do not explain how plaintiff was substantially and materially deprive[d] . . . of the beneficial use and enjoyment of the premises
2026 NY Slip Op 05723, at the official text
plaintiff does not identify any provision of the lease that was breached
2026 NY Slip Op 05723, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | October 6, 2026 |
| Citation | 2026 NY Slip Op 05723 |
| Area of law | Real Property |
| Week | Week ending October 10, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05723 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 945 |
Recommended citation
ESQ HQ, New York Law Watch, H. Roske & Associates LLP v ESRT Empire State Building LLC, 2026 NY Slip Op 05723 (Appellate Division, First Department, October 6, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05723/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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