Legal Opinion

Beagle v. Parillo

Appellate Division of the Supreme Court of the State of New York

Decided January 16, 1986PublishedCited by 6 opinions

1Opinion of the Court

— Levine, J.

Appeal from an order of the Supreme Court at Special Term (Brown, J.), entered November 27, 1984 in Saratoga County, which granted plaintiffs’ motion to dismiss defendant’s affirmative defense and for partial summary judgment on the issue of liability.

In 1979, defendant leased from plaintiffs a parcel of real property for use as a parking lot. The written lease gave defendant permission to replace topsoil on the property with a gravel base and obligated him to restore the property to its original condition at the termination of the lease. Defendant failed to perform his…

2Cases cited3 opinions

  1. Frenchman & Sweet, Inc. v. Philco Discount Corp.Appellate Division of the Supreme Court of the State of New York · 1964
  2. Comptroller v. Gards Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1979
  3. Virginia Blue Ridge Railway, Inc. v. SeeleyAppellate Division of the Supreme Court of the State of New York · 1969

3Cited by6 opinions

  1. A&S Transportation Co. v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1989
  2. Rebell v. TraskAppellate Division of the Supreme Court of the State of New York · 1995
  3. Solow Management Corp. v. HochmanAppellate Division of the Supreme Court of the State of New York · 1993
  4. Continental Casualty Co. v. Cozzolino Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1986
  5. Kel Kim Corp. v. Central Markets, Inc.Appellate Division of the Supreme Court of the State of New York · 1987

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