Cohen’s suit against W&H dismissed

September 30, 2011 02:00PM

From left: Charles Cohen, Anthony Malkin and 112 West 34th Street

A New York State Supreme Court judge dismissed a lawsuit filed by landlord Charles Cohen against W&H Properties, the tenant at one of Cohen’s buildings at 112 West 34th Street, between Sixth and Seventh avenues, according to Crain’s.

Cohen alleged that W&H had violated its lease agreement, signed in 1963 and valid through 2077, by adding a new glass façade to the building without his permission. W&H pays $840,000 a year in rent, according to reports, a lot less than Cohen could get by renting it nowadays.

The judge said there was not sufficient evidence that W&H made structural changes to the building, Crain’s reported.
Cohen intends to appeal the decision, his lawyer said, but Anthony Malkin, president of W&H, predicted he wouldn’t be successful.

“The case was without merit, the appeal is without merit, and we remain confident in our position,” he said. [Crain’s]