Legal Opinion
Mitchell & Titus Associates, Inc. v. Mesh Realty Corp.
Appellate Division of the Supreme Court of the State of New York
Decided April 17, 1990PublishedCited by 13 opinions
1Opinion of the Court
— Order of the Supreme Court, New York County (Harold Baer, Jr., J.), entered on February 3,1989, which, inter alia, granted summary judgment to plaintiff for rent due on a commercial lease, is unanimously affirmed, without costs.
The alleged oral agreement to terminate the sublease is barred by the Statute of Frauds (General Obligations Law § 5-703 [2]), and the circumstances do not warrant an equitable estoppel. Defendants subtenants knew that they would be *466liable on the sublease if the proposed new subtenant could not consummate a new sublease with plaintiff prime tenant, yet they moved out…
2Cases cited5 opinions
- American Bartenders School, Inc. v. 105 Madison Co.New York Court of Appeals · 1983
- Ginsberg v. Fairfield-Noble Corp.Appellate Division of the Supreme Court of the State of New York · 1981
- American Bartenders School, Inc. v. 105 Madison Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Syndicate Building Corp. v. LorberAppellate Division of the Supreme Court of the State of New York · 1987
- Youz Films, Ltd. v. Just Born, Inc.Appellate Division of the Supreme Court of the State of New York · 1979
3Cited by13 opinions
- In Re Andover Togs, Inc.United States Bankruptcy Court, S.D. New York · 1999
- 1133 Building Corp. v. Ketchum Communications Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Gotlieb v. Taco Bell Corp.District Court, E.D. New York · 1994
- Sage Realty Corp. v. Kenbee Management-New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
- Milltown Park Inc. v. American Felt & Filter Co.Appellate Division of the Supreme Court of the State of New York · 1992
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