Legal Opinion
Second On Second Café, Inc. v. Hing Sing Trading, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided July 21, 2009PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Friedman, J.
“When premises are leased for an expressed purpose, everything necessary to the use and enjoyment of the demised premises for such expressed purpose must be implied where it is not expressed in the lease” (Gans v Hughes, 14 NYS 930, 931 [Brooklyn City Ct 1891], citing Kelsey v Durkee, 33 Barb 410 [Sup Ct, NY County 1861]; see also 1 Ambert, McAdam on Landlord and Tenant § 86, at 330 [5th ed]). In this case, therefore, under the commercial lease that permits “fast food cooking” in the bar the plaintiff tenant operates on the first floor of a two-story building,…
2Cases cited33 opinions
- Rowe v. Great Atlantic & Pacific Tea Co.New York Court of Appeals · 1978
- J. N. A. Realty Corp. v. Cross Bay Chelsea, Inc.New York Court of Appeals · 1977
- Nobu Next Door, LLC v. Fine Arts Housing, Inc.New York Court of Appeals · 2005
- Weiss v. Mayflower Doughnut Corp.New York Court of Appeals · 1956
- Bachman v. . HarringtonNew York Court of Appeals · 1906
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3Cited by1 opinion
- Legakis v. LoumposDistrict Court of Appeal of Florida · 2010