F.H.R. Auto Sales, Inc. v. Scutti
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order and judgment unanimously reversed on the law without *957costs, defendants’ motion denied and plaintiffs cross motion granted, in accordance with the following memorandum: In this landlord-tenant dispute, the complaint alleges that defendants breached the lease by unreasonably withholding consent to a proposed sublease. The amended answer raises as an affirmative defense the claim that plaintiffs failure to maintain the premises in good repair relieved them of any duty to give consent. Following joinder of issue, defendants moved to dismiss the complaint, and plaintiff moved to dismiss the…
2Cases cited9 opinions
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- American Book Co. v. Yeshiva University Development Foundation, Inc.New York Supreme Court · 1969
- Paul v. HoganAppellate Division of the Supreme Court of the State of New York · 1977
- 56-70 58th Street Holding Corp. v. Fedders-Quigan Corp.New York Court of Appeals · 1959
- Broad Properties, Inc. v. Wheels Inc.Appellate Division of the Supreme Court of the State of New York · 1974
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Unigard Security Insurance v. North River InsuranceNew York Court of Appeals · 1992
- Hoag v. Chancellor, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Maxima Corp. v. Cystic Fibrosis FoundationCourt of Special Appeals of Maryland · 1990
- Toyomenka Pacific Petroleum, Inc. v. Hess Oil Virgin Islands Corp.District Court, S.D. New York · 1991
- Bedding v. Northside PartnershipAppellate Division of the Supreme Court of the State of New York · 1997
7 more not listed; retrieve them via the Exa API.