Aris Industries, Inc. v. 1411 Trizechahn-Swig, LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered May 31, 2001, which granted defendant-landlord’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (1), (5) and (7), unanimously affirmed, with costs. Appeal from order, same court and Justice, entered May 31, 2001, denying plaintiffs motion for consolidation, unanimously dismissed, without costs, as academic.
Where, as here, a lease contains a clause requiring modification of its terms to be in a writing signed by the landlord, oral modification is generally precluded (see, General Obligations Law § 15-301 [1];…
2Cases cited6 opinions
- Rose v. Spa Realty AssociatesNew York Court of Appeals · 1977
- American Bartenders School, Inc. v. 105 Madison Co.New York Court of Appeals · 1983
- Swerdloff v. Mobil Oil Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- American Bartenders School, Inc. v. 105 Madison Co.Appellate Division of the Supreme Court of the State of New York · 1983
- 99 Realty Co. v. EikenberryAppellate Division of the Supreme Court of the State of New York · 1997
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- Adams v. Washington Group, LLCAppellate Division of the Supreme Court of the State of New York · 2007
- Amalgamated Dwellings, Inc. v. Hillman Housing Corp.Appellate Division of the Supreme Court of the State of New York · 2002
- 800 Third Ave. Assoc., LLC v. Roadrunner Capital Partners LLCAppellate Division of the Supreme Court of the State of New York · 2023
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