In Eastside Exhibition Corp. v. 210 E. 86th St. Corp. (23 AD3d 100 [2005]), where the commercial lease at issue similarly contained a provision permitting the landlord access to the demised premises to make repairs and improvements without abatement of rent, the Appellate Division, First Department, rejected the trial court's finding that a "de minimus exception" to the rule that any unauthorized taking is an actual eviction had been recognized, but approved the proportional abatement of rent as compensation for such partial evictions as consistent with modern reality.