Legal Opinion

Tappan Golf Drive Range, Inc. v. Tappan Property, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided December 3, 2009PublishedCited by 13 opinions

1Opinion of the Court

In April 1995, plaintiff leased a golf driving range from defendant for a term of 18 years. As required by the lease, plaintiff gave defendant a security deposit of $350,000. Plaintiff admittedly failed to pay school taxes owed on or about August 14, 1996, in violation of lease provisions which required it to pay those taxes as “additional rent.” Consequently, on September 4, 1996, defendant obtained a possessory judgment in the Justice Court for the Town of Orangetown, Rockland County. Defendant reentered the premises and resumed operation of the driving range for its own benefit until…

2Cases cited4 opinions

  1. LeRoy v. SayersAppellate Division of the Supreme Court of the State of New York · 1995
  2. In re Perfection Technical Services Press, Inc.Appellate Division of the Supreme Court of the State of New York · 1965
  3. In re Perfection Technical Services Press, Inc.New York Court of Appeals · 1966
  4. Dan Klores Associates, Inc. v. AbramoffAppellate Division of the Supreme Court of the State of New York · 2001

3Cited by13 opinions

  1. Paterno v. CarrollAppellate Division of the Supreme Court of the State of New York · 2010
  2. U.S. Legal Support, Inc. v. Eldad Prime, LLCAppellate Division of the Supreme Court of the State of New York · 2015
  3. 23 East 39th Street Management Corp. v. 23 East 39th Street Developer, LLCAppellate Division of the Supreme Court of the State of New York · 2015
  4. Jimenez v. HendersonAppellate Division of the Supreme Court of the State of New York · 2016
  5. 250 West 78 LLC v. Pildes of 83rd Street, Inc.Appellate Division of the Supreme Court of the State of New York · 2015

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