Legal Opinion
Foresee Corp. v. Pergament Enterprises of S. I.
Appellate Division of the Supreme Court of the State of New York
Decided November 22, 1993PublishedCited by 6 opinions
1Opinion of the Court
—In an action by a commercial tenant against the landlord, inter alia, to recover damages for breach of a restrictive covenant in its lease, the plaintiff appeals from an order of the Supreme Court, Richmond County (Cusick, J.), entered September 27, 1991, which denied its motion for partial summary judgment on the issue of liability.
Ordered that the order is reversed, on the law, with costs, the motion for partial summary judgment on the issue of *398liability is granted, and the matter is remitted to the Supreme Court, Richmond County, for a trial on the issue of damages and for such other…
2Cases cited4 opinions
- Bovin v. GalitzkaNew York Court of Appeals · 1929
- Peoples Savings Bank v. County Dollar Corp.Appellate Division of the Supreme Court of the State of New York · 1974
- Lyon v. Bethlehem Engineering Corp.New York Court of Appeals · 1930
- Senn v. LaddNew York Supreme Court · 1942
3Cited by6 opinions
- Herman Miller, Inc., Plaintiff-Appellee-Cross-Appellant v. Thom Rock Realty Company, L.P., Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1995
- Kem Cleaners, Inc. v. Shaker Pine, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Phoenix Racing, Ltd. v. Lebanon Valley Auto Racing Corp.District Court, N.D. New York · 1999
- Herman Miller, Inc. v. Thom Rock Realty Co., LPDistrict Court, S.D. New York · 1994
- My Choice Fashion, Inc. v. Korea Exchange BankAppellate Division of the Supreme Court of the State of New York · 1998
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