Legal Opinion
Ford Coyle Properties, Inc. v. 3029 Avenue V Realty, LLC
Appellate Division of the Supreme Court of the State of New York
Decided June 9, 2009PublishedCited by 4 opinions
1Opinion of the Court
In an action to recover damages for breach of a commercial lease, the defendants appeal from an order of the Supreme Court, Nassau County (Lally, J.), entered January 15, 2009, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
“A surrender by operation of law occurs when the parties to a lease do some act so inconsistent with the landlord-tenant relationship that it indicates their intent to deem the lease terminated” (Riverside Research Inst, v KMGA, Inc., 68 NY2d 689, 691-692 [1986] [citations omitted]). A surrender by…
2Cases cited8 opinions
- Riverside Research Institute v. KMGA, Inc.New York Court of Appeals · 1986
- Thomas v. . NelsonNew York Court of Appeals · 1877
- Stahl Associates Co. v. MapesAppellate Division of the Supreme Court of the State of New York · 1985
- Brock Enterprises, Ltd. v. Dunham's Bay Boat Co.Appellate Division of the Supreme Court of the State of New York · 2002
- Dagett v. ChampneyAppellate Division of the Supreme Court of the State of New York · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Chestnut Realty Corp. v. KaminskiAppellate Division of the Supreme Court of the State of New York · 2012
- Chestnut Realty Corp. v. KaminskiAppellate Division of the Supreme Court of the State of New York · 2012
- Fragomeni v. AIM Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
- Ulukaya v. Pan Am EquitiesAppellate Terms of the Supreme Court of New York · 2020