Legal Opinion

35 Park Ave. Corp. v. Campagna

New York Court of Appeals

Decided November 20, 1979PublishedCited by 16 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs. The cause of action to rescind the lease between plaintiff corporation as landlord and defendants as tenants, interposed more than six years after the execution of the lease, is time barred (see CPLR 213). Plaintiff’s reliance on section 235-c of the Real Property Law, enacted in July, 1976 after this action was commenced, is misplaced. That section, which provides *815that a court may grant relief from an unconscionable lease or clause, does not revive a claim already time barred. An intent on the…

2Cases cited1 opinion

  1. Hopkins v. . Lincoln Trust Co.New York Court of Appeals · 1922

3Cited by16 opinions

  1. State v. WolowitzAppellate Division of the Supreme Court of the State of New York · 1983
  2. 118 East 60th Owners, Inc. v. Bonner Properties, Inc.Court of Appeals for the Second Circuit · 1982
  3. Ackoff-Ortega v. Windswept Pacific Entertainment Co.District Court, S.D. New York · 2000
  4. Yerkovich v. MCA, Inc.District Court, C.D. California · 1997
  5. Bowes & Co. v. American Druggists' InsuranceNew York Court of Appeals · 1984

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