Legal Opinion

TSS-Seedman's, Inc. v. Elota Realty Co.

New York Court of Appeals

Decided October 25, 1988PublishedCited by 27 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff tenant and defendant landlord entered into two leases for separate parcels of real property. Each lease contained a notice of default and termination clause which stated, in part, that, in the event the tenant defaults in its payment of rent, the landlord "may give written notice to the Tenant”, specifying the default and stating that the lease shall expire and terminate on a prescribed date which must be at least five days after the giving of the notice. The clause further provided…

2Cases cited2 opinions

  1. First National Stores, Inc. v. Yellowstone Shopping Center, Inc.New York Court of Appeals · 1968
  2. Perrotta v. Western Regional Off-Track Betting Corp.Appellate Division of the Supreme Court of the State of New York · 1983

3Cited by27 opinions

  1. Madison Avenue Leasehold, LLC v. Madison Bentley Associates LLCAppellate Division of the Supreme Court of the State of New York · 2006
  2. Caldor Corp. v. S Plaza Associates, L.P. (In Re Caldor, Inc.)United States Bankruptcy Court, S.D. New York · 1998
  3. Kamco Supply Corp. v. On the Right Track, LLCAppellate Division of the Supreme Court of the State of New York · 2017
  4. Dice v. Inwood Hills CondominiumAppellate Division of the Supreme Court of the State of New York · 1997
  5. 200 East 87th Street Associates v. MTS, Inc.District Court, S.D. New York · 1992

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