Appellate Division of the Supreme Court of the State of New York January 28, 2010 (Sterling National Bank v. Fashion Associates)

The motion court correctly held that the parties’ lease modification agreement pertained not to the lease at issue, but rather to a previously expired lease between the same parties for different premises, and that tenant was not relieved of its obligation, under article 12 of the lease, to remove its alterations, installations, additions and improvements from the premises and restore the