Legal Opinion
Cellular Telephone Co. v. 210 East 86th Street Corp.
Appellate Division of the Supreme Court of the State of New York
Decided June 28, 2007PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
Catterson, J.
In this action the plaintiff commercial tenant seeks a declaration that the defendant landlord did not validly cancel its lease. We conclude, however, that the lease was validly canceled and, accordingly, that the defendant is entitled to summary judgment.
In or about December 1997, the plaintiff Cellular Telephone Company (hereinafter referred to as Cellular) entered into a lease with the defendant 210 East 86th Street Corp. (hereinafter referred to as the Owner), owner of the premises. Paragraph 49.1 (a) of the lease states:
“Tenant shall not (i) assign or…
2Cases cited7 opinions
- W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
- Greenfield v. Philles Records, Inc.New York Court of Appeals · 2002
- South Road Associates, LLC v. International Business Machines Corp.New York Court of Appeals · 2005
- White v. Huber Drug Co.Michigan Supreme Court · 1916
- Citizens Bank & Trust Co. v. Barlow Corp.Court of Appeals of Maryland · 1983
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3Cited by6 opinions
- MassMutual Asset Finance LLC v. ACBL River Operations, LLCDistrict Court, S.D. New York · 2016
- Rezu Enterprises, Inc. v. IsaniAppellate Division of the Supreme Court of the State of New York · 2011
- Teliman Holding Corp. v. VCW Assoc.Appellate Division of the Supreme Court of the State of New York · 2021
- Teliman Holding Corp. v. VCW Assoc.Appellate Division of the Supreme Court of the State of New York · 2021
- First Technology Capital, Inc. v. Airborne, Inc.District Court, W.D. New York · 2017
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