Legal Opinion

New Whitehall Apartments LLC v. S.A.V. Associates Inc.

Appellate Terms of the Supreme Court of New York

Decided July 3, 2017Published

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

Final judgment, entered August 15, 2016, affirmed, with. $25 costs.

Tenant operates a restaurant at 2637 Broadway in Manhattan. Tenant’s original lease term was from March 1, 2000 through December 31, 2009. A rider to the lease set forth a series of escalating base rents, ranging from $10,000 per month in March 2000 to $16,590.42 per month in 2009. In October 2009, the parties executed a single-page modification agreement specifying that the lease “shall be extended so that the same expires on December 21, 2019.” However, the modification only set forth the amount of…

3Cases cited14 opinions

  1. Joseph Martin, Jr., Delicatessen, Inc. v. SchumacherNew York Court of Appeals · 1981
  2. Cobble Hill Nursing Home, Inc. v. Henry & Warren Corp.New York Court of Appeals · 1989
  3. Wallace v. 600 Partners Co.New York Court of Appeals · 1995
  4. 67 Wall Street Co. v. Franklin National BankNew York Court of Appeals · 1975
  5. Kolchins v. Evolution Markets, Inc.Appellate Division of the Supreme Court of the State of New York · 2015

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