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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

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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
CourtAppellate Division, First Department
DecidedOctober 6, 2026
Citation2026 NY Slip Op 05723
Area of lawReal Property
WeekWeek ending October 10, 2026
Official textOfficial decision: 2026 NY Slip Op 05723
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id945

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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Published October 6, 2026. Updated October 6, 2026.