Mawardi v. Purple Potato. Ltd

In Mawardi v. Purple Potato. Ltd., 187 AD2d 569, 590 N.Y.S.2d 132 [2d Dept 1992], a case involving a fire to a restaurant in which the landlord demolished the building, the evidence showed that, because of the fire, "the sheetrock ceiling and walls had been removed from the premises, and a skylight had been removed, which opened the restaurant to the elements and caused water damage." (Id. at 569.) The estimated cost to repair the restaurant was $ 20,000 and would take a least a week to complete. (Id.) The Court held that this evidence was sufficient to find that the restaurant was unusable, and in light of the amount of damage to the building, that the landlord's decision to demolish it "was reasonable" and not in bad faith. (Id. at 569-570.)