Legal Opinion

Rubinstein Bros. v. Olé of 34th Street, Inc.

Civil Court of the City of New York

Decided November 5, 1979PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

Richard S. Lane, J.

Alas! The Tiffany of 34th Street disappeared and was replaced almost overnight with a nondescript gift shop.

The unhappy landlord responded by commencing this holdover proceeding claiming violations of material covenants of the lease with respect to (a) alterations, (b) insurance, (c) use, and (d) assignment.

facts

In January, 1974 landlord leased the premises, a store and basement at 21-23 West 34th Street, to one Joe Sutton for a period of 10 years. As of right, in February, 1974 the lease was assigned to Mr. Sutton’s corporation, J. Arrowsmith of 34th…

2Cases cited16 opinions

  1. Methodist Episcopal Union Church v. . PickettNew York Court of Appeals · 1859
  2. McGary v. . the PeopleNew York Court of Appeals · 1871
  3. Mail & Express Co. v. Parker Axles, Inc.Appellate Division of the Supreme Court of the State of New York · 1923
  4. Roosevelt v. . HopkinsNew York Court of Appeals · 1865
  5. 220 West 42 Associates v. CohenAppellate Terms of the Supreme Court of New York · 1969

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3Cited by9 opinions

  1. Demorais v. WisniowskiConnecticut Appellate Court · 2004
  2. Citizens Bank & Trust Co. v. Barlow Corp.Court of Appeals of Maryland · 1983
  3. Brentsun Realty Corp. v. D'Urso Supermarkets, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
  4. In Re Ames Department Stores, Inc.United States Bankruptcy Court, S.D. New York · 1991
  5. Dennis' Natural Mini-Meals, Inc. v. 91 Fifth Avenue Corp.Appellate Division of the Supreme Court of the State of New York · 1991

4 more not listed; retrieve them via the Exa API.

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