Legal Opinion
Joylaine Realty Co. v. Samuel
Appellate Division of the Supreme Court of the State of New York
Decided November 14, 2012PublishedCited by 5 opinions
1Opinion of the Court
In an action to recover unpaid rent, the plaintiff appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Queens County (Shulman, J.), dated August 1, 2011, as, upon a decision of the same court dated March 21, 2011, made after a nonjury trial, is in favor of the defendant and against it dismissing the complaint.
Ordered that the judgment is affirmed insofar as appealed from, with costs.
“[A] commercial tenant may be relieved of its obligation to *707pay the full amount of rent due where it has been actually or constructively evicted from either the whole or a part of…
2Cases cited7 opinions
- Barash v. PA. TERM. REAL ESTATE CORP.New York Court of Appeals · 1970
- Dave Herstein Co. v. Columbia Pictures Corp.New York Court of Appeals · 1958
- Grammer v. TuritsAppellate Division of the Supreme Court of the State of New York · 2000
- Johnson v. CabreraAppellate Division of the Supreme Court of the State of New York · 1998
- 801 South Fulton Avenue Corp. v. RadinAppellate Division of the Supreme Court of the State of New York · 1988
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Shree Shiv Shakti Corp. v. Khalid Properties, LLCAppellate Division of the Supreme Court of the State of New York · 2013
- Great Am. Realty of E. Indus. Ct., LLC v. Guzu, Inc.Appellate Division of the Supreme Court of the State of New York · 2020
- 255 Butler Assoc., LLC v. 255 Butler, LLCAppellate Division of the Supreme Court of the State of New York · 2019
- 32nd Jabez Corp. v. Meekang, Inc.Appellate Division of the Supreme Court of the State of New York · 2021
- Diversified Bldg. Co., LLC v. Nader Enters., LLCAppellate Division of the Supreme Court of the State of New York · 2025