Legal Opinion

Henry Modell & Co. v. City of New York

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

Decided March 20, 1990PublishedCited by 17 opinions

1Opinion of the Court

Order and judgment (one paper), Supreme Court, New York County (Edward Lehner, J.), entered June 8, 1989, which granted defendant’s motion to dismiss plaintiffs complaint, unanimously affirmed, without costs.

Many years ago, plaintiff entered into two leases with the city for premises located at 280 Broadway. One lease was for retail space, the other for office space. After the city abandoned a plan to condemn the building, plaintiff remained as a month-to-month tenant until June of 1982, when the city and plaintiff entered into a five-year lease for the retail space.

In 1986, the city and…

2Cases cited5 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Genesco Entertainment, a Div. of Lymutt v. KochDistrict Court, S.D. New York · 1984
  3. Granada Buildings, Inc. v. City of KingstonNew York Court of Appeals · 1982
  4. Lutzken v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1959
  5. Allen v. EberlingAppellate Division of the Supreme Court of the State of New York · 1965

3Cited by17 opinions

  1. NRP Holdings LLC v. City of BuffaloCourt of Appeals for the Second Circuit · 2019
  2. Sphere Drake Insurance Limited v. American General Life Insurance CompanyCourt of Appeals for the Seventh Circuit · 2004
  3. Housing Works, Inc. v. TurnerDistrict Court, S.D. New York · 2001
  4. United States v. SchmittDistrict Court, E.D. New York · 1998
  5. Michael R. Gianatasio, PE, P.C. v. City of New YorkNew York Supreme Court · 2016

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