Mt. Read Terminals, Inc. v. Great Lakes Express Co.
New York Supreme Court
1Opinion of the Court
OPINION OF THE COURT
James H. Boomer, J.
In this action for rent plaintiff moves for summary judgment. Defendant concedes that the rent was unpaid from December, 1976 through June, 1977, but claims that it is not obligated for any rent after February, 1977. The affidavit of William Fitzgerald, vice-president of defendant, avers, "In February of 1977 I was contacted by William T. Boulter, a representative of the plaintiff, and I advised him Great Lakes Express Company, Inc. was going out of business in the Rochester area and no longer needed the terminal in question. Mr. Boulter advised me at…
2Cases cited7 opinions
- Popkin v. Security Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1975
- Lawrence v. . BrownNew York Court of Appeals · 1851
- Smith v. . DevlinNew York Court of Appeals · 1861
- Kelly v. NoxonNew York Supreme Court · 1892
- Hurley v. SehringNew York Supreme Court · 1891
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3Cited by3 opinions
- Ehre v. People of New York Ex Rel. Hennessy (In Re Adirondack Railway Corp.)United States Bankruptcy Court, N.D. New York · 1983
- Precision Dynamics Corp. v. Retailers Representatives, Inc.Civil Court of the City of New York · 1983
- Matter of Allbrand Appliance & Television Co.United States Bankruptcy Court, S.D. New York · 1982