Appellate Division of the Supreme Court of the State of New York January 14, 2010 (425 Park Avenue Co. v. 425 Park Avenue Ground Lessee L.P.)

The parties’ lease obligated plaintiff tenant to restore or replace any part of the demised premises damaged or destroyed by fire “as nearly as possible to its value, condition and character immediately prior to such damage or destruction.” Defendant landlord’s withholding of its consent to the proposed restoration plans was unreasonable.