Legal Opinion

Morgan & Brother Manhattan Storage Co. v. Balin

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

Decided March 6, 1975PublishedCited by 5 opinions

1Opinion of the CourtLane, J.

Morgan and Brother Manhattan Storage Company, Ine. (Morgan Storage) and H & W Enterprises Co. (B & W) entered into an agreement for the sale of certain real property in New York City. Morgan Storage was purchasing, the build*87ing for the specific purpose, of storing records and archives.

The parties anticipated the possibility that the existing certificate , of occupancy would not allow for use of the building as required by Morgan Storage. Accordingly, clause 24 of the contract provided that the purchaser (Morgan Storage) would make “ prompt and diligent application ” to the municipality for…

2Cases cited5 opinions

  1. Brown v. Haff & LyonNew York Court of Chancery · 1835
  2. Baumann v. . PinckneyNew York Court of Appeals · 1890
  3. Crary v. . SmithNew York Court of Appeals · 1848
  4. Woodruff v. . GermanskyNew York Court of Appeals · 1922
  5. Kroll v. ZimmermanAppellate Division of the Supreme Court of the State of New York · 1949

3Cited by5 opinions

  1. The Guinness-Harp Corporation v. Jos. Schlitz Brewing CompanyCourt of Appeals for the Second Circuit · 1980
  2. Pamerqua Realty Corp. v. Dollar Service Corp.Appellate Division of the Supreme Court of the State of New York · 1983
  3. Balaber-Strauss v. Markowitz (In Re Frankel)United States Bankruptcy Court, S.D. New York · 1995
  4. Oneida City School District v. Seiden & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
  5. Balaber-Strauss v. Markowitz (In Re Frankel)United States Bankruptcy Court, S.D. New York · 1996

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