Murray Hill Mello Corp. v. Bonne Bouchee Restaurant, Inc.
Civil Court of the City of New York
1Opinion of the Court
OPINION OF THE COURT
David B. Saxe, J.
The unique issue that I must resolve in this commercial nonjury holdover proceeding is: May a document conveying a property interest that is called a sublease by the parties to it, but is under accepted principles of real property law, an assignment (because the transferor had not reserved any part of the transferred term to itself) be modified by a later agreement between the named parties to it, which creates a new expiration date, prior to the end of the previously transferred term, thereby attempting to create a reversionary interest?
The importance of…
2Cases cited17 opinions
- First National Stores, Inc. v. Yellowstone Shopping Center, Inc.New York Court of Appeals · 1968
- Schindler v. Royal Insurance Co.New York Court of Appeals · 1932
- Stewart v. . Long Island R.R. Co.New York Court of Appeals · 1886
- Gillette Bros. v. Aristocrat Restaurant, Inc.New York Court of Appeals · 1924
- Heyert v. Orange & Rockland Utilities, Inc.New York Court of Appeals · 1966
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3Cited by3 opinions
- Young v. Farmingdale Food Market, Inc. (In Re Lasercad Reprographics, Ltd.)United States Bankruptcy Court, S.D. New York · 1989
- 269 Fulton Corp. v. H.A.B. Realty AssociatesAppellate Division of the Supreme Court of the State of New York · 1992
- E & A Holdings, Inc. v. Jerome Ave. Car Wash & Lube, Inc.Appellate Terms of the Supreme Court of New York · 2016