Legal Opinion

Jolly King Restaurant, Inc. v. Hershey Chan Realty, Inc.

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

Decided April 18, 1995PublishedCited by 6 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Leland DeGrasse, J.), entered on or about April 25, 1994, which denied plaintiff’s motion for a preliminary injunction, and, sua sponte, dismissed plaintiff’s first, second, third and sixth causes of action, unanimously modified, on the law, the facts and in the exercise of discretion, to grant plaintiff leave to replead its first cause of action so as to seek a declaratory judgment that defendant is obligated to repair roof leakage, and otherwise affirmed, without costs.

The causes of action alleging defendants’ fraudulent concealment of a plumbing…

2Cases cited3 opinions

  1. Oppenheimer & Co. v. Oppenheim, Appel, Dixon & Co.Appellate Division of the Supreme Court of the State of New York · 1991
  2. Scharf v. TiegermanAppellate Division of the Supreme Court of the State of New York · 1990
  3. Heller v. Trustees of East HamptonAppellate Division of the Supreme Court of the State of New York · 1993

3Cited by6 opinions

  1. Wall Street Transcript Corp. v. Ziff Communications Co.Appellate Division of the Supreme Court of the State of New York · 1996
  2. Manley v. AmBase Corp.District Court, S.D. New York · 2001
  3. Malankara Archdiocese of Syrian Orthodox Church in North America v. Malankara Jacobite Center of North America, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
  4. Federal Deposit Insurance v. Lefcon PartnershipAppellate Division of the Supreme Court of the State of New York · 1998
  5. NORTHERN TANKERS (CYPRUS) LTD. v. BackstromDistrict Court, D. Connecticut · 1996

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