Herman Miller, Inc., Plaintiff-Appellee-Cross-Appellant v. Thom Rock Realty Company, L.P., Defendant-Appellant-Cross-Appellee
Court of Appeals for the Second Circuit
1Opinion of the Court
CARDAMONE, Circuit Judge:
This is a suit over the meaning of a lease provision. Neither the landlord, Thom Rock Realty Company, L.P., nor the tenant, Herman Miller, Inc., disputes that the expectations of the parties at the time the lease was entered into have been frustrated. What was to have been a world class showroom building exclusively devoted to the contract furniture trade has now become an ordinary commercial structure. Concomitantly with the dashing of the parties’ bright prospects came the instant litigation in which the tenant seeks damages and asks to be relieved from its lease.…
2Cases cited17 opinions
- Kenford Co. v. County of ErieNew York Court of Appeals · 1986
- Rumsey v. New York & New England R. R.New York Court of Appeals · 1892
- Bovin v. GalitzkaNew York Court of Appeals · 1929
- City of New York v. Pike Realty Corp.New York Court of Appeals · 1928
- Peoples Savings Bank v. County Dollar Corp.Appellate Division of the Supreme Court of the State of New York · 1974
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- Essilor International SAS v. J.P. Morgan Chase Bank, N.A.District Court, S.D. New York · 2024
- Hawkins, Delafield & Wood, LLP v. RBNB 67 Wall Street Owner LLCNew York Supreme Court · 2005
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