Patrick Pontiac Nissan, Inc. v. Jotric Land Development
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously affirmed with costs. Memorandum: Plaintiff commenced this action seeking to recover the cost of repairs and improvements it made to property leased from defendant. Supreme Court properly granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiffs cross motion for summary judgment. Inasmuch as the lease contains no express covenant by defendant to repair or improve the leased premises, defendant had no obligation to make repairs or improvements or to pay for repairs or improvements made by plaintiff (see, Witty v Matthews, 52 NY 512, 514;…
2Cases cited9 opinions
- Surlak v. SurlakAppellate Division of the Supreme Court of the State of New York · 1983
- Witty v. . MatthewsNew York Court of Appeals · 1873
- Potter v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1933
- Emigrant Industrial Savings Bank v. One Hundred Eight West Forty Ninth Street Corp.Appellate Division of the Supreme Court of the State of New York · 1938
- Potter v. New York, Ontario & Western Railway Co.Appellate Division of the Supreme Court of the State of New York · 1931
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3Cited by1 opinion
- Broadway Central Property Inc. v. 682 Tenant Corp.Appellate Division of the Supreme Court of the State of New York · 2002