Legal Opinion
Lewis v. Clothes Shack, Inc.
Civil Court of the City of New York
Decided March 20, 1970PublishedCited by 4 opinions
1Opinion of the CourtAllen Murray Myers, J.
In this summary holdover proceeding, petitioner seeks to repossess commercial premises, having invoked the termination clause of the lease by reason of the tenant’s failure after due notice to remove a violation created by the tenant.
The primary issue before the court is whether the failure of the tenant to cure the violation after due notice allowed the landlord to accelerate the term of the lease under the termination clause.
The parties entered into a 6-year store lease on November 1, 1967. Pursuant to paragraph 43, a typewritten addition, the tenant was to submit municipally approved plans…
2Cases cited7 opinions
- Matter of Park East Land Corp. v. FinkelsteinNew York Court of Appeals · 1949
- Burnee Corp. v. Uneeda Pure Orange Drink Co.Appellate Terms of the Supreme Court of New York · 1928
- Louis J. Ehret Holding Corp. v. Anderson Galleries, Inc.City of New York Municipal Court · 1930
- Brause v. 2968 Third Avenue Inc.Civil Court of the City of New York · 1963
- Radcliffe Associates, Inc. v. GreensteinAppellate Division of the Supreme Court of the State of New York · 1948
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Haack v. Great Atlantic & Pacific Tea Co.Missouri Court of Appeals · 1980
- In Re Delta Motor Hotel of Syracuse, Inc.United States Bankruptcy Court, N.D. New York · 1981
- Mobil Oil Corp. v. BurdoSuffolk County District Court · 1972
- Fly Hi Music Corp. v. 645 Restaurant Corp.Civil Court of the City of New York · 1970