Legal Opinion
615 Co. v. Mikeska
New York Court of Appeals
Decided May 3, 1990PublishedCited by 22 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
It has long been the rule in this State that a landlord who is uncertain as to whether a lease must be renewed can ask a court to declare the rights of the parties and resolve the dispute before the time for renewal arrives (Leibowitz v Bickford’s Lunch Sys., 241 NY 489; Fidelity & Columbia Trust Co. v Levin, 248 NY 551; see also, Borchard, Declaratory Judgments, at 625-628). In the circumstances presented, however, involving a situation heavily regulated by statute, we agree with the Appellate…
2Cases cited2 opinions
- Fidelity and Columbia Trust Company v. LevinNew York Court of Appeals · 1928
- Leibowitz v. Bickford's Lunch SystemNew York Court of Appeals · 1926
3Cited by22 opinions
- Berwick Land Corp. v. MucelliAppellate Division of the Supreme Court of the State of New York · 1998
- Glenbriar Co. v. LipsmanAppellate Division of the Supreme Court of the State of New York · 2004
- 520 East 81st Street Associates v. Lenox Hill HospitalNew York Court of Appeals · 1991
- Ansonia Associates v. ConsiglioAppellate Division of the Supreme Court of the State of New York · 1990
- Ansonia Associates v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1990
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