Power Test Petroleum Distributors, Inc. v. Marche
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*894In this action to recover damages in connection inter alia, with defendant Louis La Marche’s alleged renting or leasing of eight gasoline stations from plaintiffs, plaintiffs failed to prove the amount of rent owed on the Francis Lewis Boulevard station (cf. Martin Delicatessen v Schumacher, 52 NY2d 105; Reisler v 60 Gramercy Park N. Corp., 88 AD2d 312, 317). Nor did plaintiffs adequately prove an amount to which they might be entitled for reasonable use and occupancy of the premises. Hence, the amount awarded as rent for the Francis Lewis Boulevard station, i.e., $5,162.93, must be stricken.…
2Cases cited2 opinions
- Joseph Martin, Jr., Delicatessen, Inc. v. SchumacherNew York Court of Appeals · 1981
- Reisler v. 60 Gramercy Park North Corp.Appellate Division of the Supreme Court of the State of New York · 1982
3Cited by2 opinions
- Marini v. LombardoAppellate Division of the Supreme Court of the State of New York · 2010
- 255 Butler Assoc., LLC v. 255 Butler, LLCAppellate Division of the Supreme Court of the State of New York · 2019