Legal Opinion
Adams Drug Co. v. Knobel
New York Court of Appeals
Decided January 15, 1985PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, and a new trial granted.
Under the fire clause of a lease providing that if more than 50% of the gross area of the building is destroyed by fire and reasonably cannot be restored to its preexisting condition within 120 days the landlord may, if he decides not to rebuild, terminate the lease, the landlord may not, though the other conditions be met, terminate the lease if he has in fact decided prior to termination to rebuild (Sabre Realty Mgt. Corp. v Vitale, 94 Misc 2d 1035; Bado Realty Co. v…
2Cases cited4 opinions
- Bado Realty Co. v. OetjenNew York Supreme Court · 1957
- Donohue v. City of New YorkNew York Supreme Court · 1907
- Sabre Realty Management Corp. v. VitaleCivil Court of the City of New York · 1978
- Noah's Ark v. GeibNew York Supreme Court · 1968
3Cited by4 opinions
- Adams Drug Co. v. KnobelAppellate Division of the Supreme Court of the State of New York · 1987
- Mawardi v. Purple Potato, Ltd.Appellate Division of the Supreme Court of the State of New York · 1992
- Las Palmeras De Ossining Restaurant, Inc. v. Midway Center Corp.Appellate Division of the Supreme Court of the State of New York · 2013
- Las Palmeras De Ossining Restaurant, Inc. v. Midway Center Corp.Appellate Division of the Supreme Court of the State of New York · 2013