Legal Opinion
Flam v. Herrmann
Civil Court of the City of New York
Decided May 20, 1977Published
1Opinion of the CourtHerman Cahn, J.
Petitioner, Fred F. French Management Company, Inc. (hereinafter French), brings this summary proceeding based on an alleged failure to pay rent, against respondent, Richard A. Herrmann, M.D. (hereinafter Herrmann). The premises involved are the 36th floor of 595 Madison Avenue, New York, New York, which are commercial premises.
The parties entered into a lengthy lease in September, 1972, after negotiations by them and their attorneys. The lease required payment of base rent (admittedly paid/or tendered by Herrmann) and additional rent based on a percentage of the increase in real estate taxes…
2Cases cited5 opinions
- Wilson Trading Corp. v. David Ferguson, Ltd.New York Court of Appeals · 1968
- Garvin v. GarvinNew York Court of Appeals · 1953
- Fleischmann Distilling Corp. v. Distillers Co. Ltd.District Court, S.D. New York · 1975
- Sinkoff Beverage Co. v. Jos. Schlitz Brewing Co.New York Supreme Court · 1966
- George Backer Management Corp. v. Acme Quilting Co.Appellate Division of the Supreme Court of the State of New York · 1976