Legal Opinion

Key Drug Co. v. Luna Park Realty Associates

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

Decided November 27, 1995PublishedCited by 5 opinions

1Opinion of the Court

—In an action to recover damages, inter alia, for breach of a lease, the defendant Health Insurance Plan of Greater New York, Inc. d/b/a HIP appeals from an order of the Supreme Court, Kings County (Garry, J.), dated May 16, 1994, which granted the plaintiffs motion for a preliminary injunction.

Ordered that the order is reversed, on the law and the facts, with costs, and the plaintiffs motion for a preliminary injunction is denied.

The plaintiff pharmacy, as tenant, leased premises in a shopping center from the defendant-landlord Luna Park Realty Associates (hereinafter Luna) in 1987. The…

2Cases cited9 opinions

  1. W. T. Grant Co. v. SrogiNew York Court of Appeals · 1981
  2. Aetna Insurance v. CapassoNew York Court of Appeals · 1990
  3. Weiss v. Mayflower Doughnut Corp.New York Court of Appeals · 1956
  4. Fox v. CongelAppellate Division of the Supreme Court of the State of New York · 1980
  5. Deepdale Cleaners, Inc. v. FriedmanAppellate Division of the Supreme Court of the State of New York · 1959

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3Cited by5 opinions

  1. Blueberries Gourmet, Inc. v. Aris Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1998
  2. L'Art de Jewel Ltd. v. Hudson Sheraton Corp.Appellate Division of the Supreme Court of the State of New York · 2007
  3. Emerald Enterprises of Rochester, Inc. v. Chili Plaza AssociatesAppellate Division of the Supreme Court of the State of New York · 1997
  4. Dental Health Associates v. ZangenehAppellate Division of the Supreme Court of the State of New York · 1999
  5. Fratelli's Pizza & Restaurant Corp. v. Kayzee Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2010

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