Legal Opinion
Baygold Associates, Inc. v. Congregation Yetev Lev of Monsey, Inc.
New York Court of Appeals
Decided May 3, 2012PublishedCited by 13 opinions
1Opinion of the Court
OPINION OF THE COURT
Pigott, J.
In J. N. A. Realty Corp. v Cross Bay Chelsea, we held that equity will intervene to relieve a commercial tenant’s failure to timely exercise an option to renew a lease where (1) such failure was the result of “inadvertence,” “negligence” or “honest mistake”; (2) the nonrenewal would result in a “forfeiture” by the tenant; and (3) the landlord would not be prejudiced by the tenant’s failure to send, or its delay in sending, the renewal notice (42 NY2d 392, 394, 398-400 [1977]).
At issue on this appeal is whether the Appellate Division erred in holding that the…
2Cases cited6 opinions
- J. N. A. Realty Corp. v. Cross Bay Chelsea, Inc.New York Court of Appeals · 1977
- Sy Jack Realty Co. v. Pergament Syosset Corp.New York Court of Appeals · 1971
- Baygold Associates., Inc. v. Congregation Yetev Lev of Monsey, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Popyork, LLC v. 80 Court St. Corp.Appellate Division of the Supreme Court of the State of New York · 2005
- Bench 'N' Gavel Restaurant, Ltd. v. Time Equities, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- RMP Capital Corp. v. Victory Jet, LLCAppellate Division of the Supreme Court of the State of New York · 2016
- DiSario v. RynstonAppellate Division of the Supreme Court of the State of New York · 2016
- Kimso Apartments, LLC v. GandhiAppellate Division of the Supreme Court of the State of New York · 2015
- Chestnut Realty Corp. v. KaminskyAppellate Division of the Supreme Court of the State of New York · 2015
- Waterfalls Italian Cuisine, Inc. v. TamarinAppellate Division of the Supreme Court of the State of New York · 2014
8 more not listed; retrieve them via the Exa API.