Legal Opinion

Harrington v. Castaldo

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

Decided February 3, 1995No. Appeal No. 1PublishedCited by 5 opinions

1Opinion of the Court

—Order unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Supreme Court properly granted the motions of the Castaldos for summary judgment dismissing the complaint in action No. 2, and for summary judgment on their complaint in action No. 4. Based upon the nonwaiver provision in the lease, to which the parties mutually assented, we reject the contention of Lloyd Harrington, doing business as Harr-Wood Nursing Home (Harrington), that the Castaldos waived their right *1005to…

2Cases cited4 opinions

  1. Jefpaul Garage Corp. v. Presbyterian HospitalNew York Court of Appeals · 1984
  2. TSS-Seedman's, Inc. v. Elota Realty Co.New York Court of Appeals · 1988
  3. Tripi v. FaielloAppellate Division of the Supreme Court of the State of New York · 1993
  4. Commercial Lease Funding Corp. v. Lenny's Little New Yorker, Inc.Appellate Division of the Supreme Court of the State of New York · 1994

3Cited by5 opinions

  1. Kallen v. KasinAppellate Division of the Supreme Court of the State of New York · 1996
  2. Steiger v. DweckAppellate Division of the Supreme Court of the State of New York · 2001
  3. Castaldo v. HarringtonAppellate Division of the Supreme Court of the State of New York · 1995
  4. Castaldo v. HarringtonAppellate Division of the Supreme Court of the State of New York · 1995
  5. Denning v. WhittallAppellate Division of the Supreme Court of the State of New York · 2022

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