Legal Opinion
Stonybrook Realty, L. L. C. v. Cremktco Inc.
Appellate Terms of the Supreme Court of New York
Decided March 11, 1998PublishedCited by 1 opinion
1Opinion of the Court
*590OPINION OF THE COURT
Memorandum.
Final judgment unanimously affirmed without costs.
In this nonpayment proceeding, tenant contended that it had orally modified the terms of the written lease with the prior owner to provide for payment of rent in a manner differing from the written terms of the lease. It argued in the court below that the conduct of the parties herein amounted to a modification of the lease and that, in any event, petitioner should be estopped from bringing this proceeding.
The case cited by tenant in support of its position is that of Rose v Spa Realty Assocs. (42 NY2d 338), for…
2Cases cited6 opinions
- Rose v. Spa Realty AssociatesNew York Court of Appeals · 1977
- Phelan v. . BradyNew York Court of Appeals · 1890
- Birnbaum v. Yankee Whaler, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
- Tehan v. Thos. C. Peters Printing Co.Appellate Division of the Supreme Court of the State of New York · 1979
- Matter of Birnbaum v. Yankee Whaler, Inc.New York Court of Appeals · 1980
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Aiolova v. Tese-Milner (In re Aiolova)United States Bankruptcy Court, S.D. New York · 2013