H. Roske & Assoc. LLP v. ESRT Empire State Bldg. LLC
- Court
- Appellate Division of the Supreme Court of the State of New York
- Decided
- Oct 6, 2026
- Docket
- Index No. 655283/24|Appeal No. 7143|Case No. 2025-05064|
- Judges
- Not listed
Detailed analysis & 3-line summary
AI breakdown
Where this case stands
Supreme Court: granted defendant's motion to dismiss the complaint.
This decision · Appeal
(tenant's claim )
TL;DR
- 1The tenant claimed they were pushed out of their lease space.
- 2The court ruled the tenant couldn’t sue since they waived those rights in their lease.
- 3The main reason was the lack of any breached lease terms supporting their claim.
Key issues
- 1
Did the tenant properly waive their rights to claim constructive eviction?
Holding · The court found the tenant waived those rights in the lease.
- 2
Was the tenant's claim for constructive eviction properly asserted?
Holding · The court stated the claim was not adequately supported by facts.
Why it matters
This case highlights the importance of lease agreements and the rights tenants give up.
If you were the judge?
A commercial tenant claims they were pushed out of their space. Did they have grounds for a legal claim?
- 1A commercial tenant signed a lease that waived their rights for constructive eviction.
- 2They now claim they were evicted from their space without any legal basis found in their lease.
- 3The court must decide if the tenant can pursue their case despite the lease waiver.
Did the tenant have the right to claim constructive eviction?
Parties
Appellant
H. Roske & Assoc. LLP
Appellee
ESRT Empire State Bldg. LLC
Roles are inferred from the case caption.