In Second on Second Cafe, Inc. v. Hing Sing Trading, Inc., 66 A.D.3d 255, 2009 WL 2151134 (1st Dept 2009), the court affirmed the issuance of a mandatory preliminary injunction requiring the landlord to permit the tenant to install a new exterior roof exhaust and ducts. The court reasoned that since the lease permitted the tenant to cook fast food, which required venting, there was an implied right to affix the exhaust system to portions of the building outside the demised premises.