Legal Opinion
W. F. M. Restaurant, Inc. v. Austern
New York Court of Appeals
Decided December 20, 1974PublishedCited by 10 opinions
1Opinion of the Court
Chief Judge Breitel.
The tenant under a valuable long-term lease brought this action for a declaratory judgment to relieve it from the exercise of landlords’ option to terminate the lease under the lease bankruptcy clause. It appeals from determina*612tions in favor of landlords in the courts below on cross motions for summary judgment.
The petition for involuntary bankruptcy filed against tenant was dismissed on the merits within 60 days, under circumstances to be described. The issue is whether the early dismissal of the petition would have justified equitable intervention to avoid a forfeiture…
2Cases cited19 opinions
- United States v. Bethlehem Steel Corp.Supreme Court of the United States · 1942
- Smith v. Hoboken Railroad, Warehouse & Steamship Connecting Co.Supreme Court of the United States · 1946
- Noyes v. . AndersonNew York Court of Appeals · 1891
- In the Matter of Queens Boulevard Wine & Liquor Corp., D/B/A Gold Star Wine & Liquor, Debtor-Appellee v. Anita Blum, Petitioner-Landlord-AppellantsCourt of Appeals for the Second Circuit · 1974
- In the Matter of Yale Express System, Inc., Debtor. Boston Insurance Company v. F. Ralph Nogg, TrusteeCourt of Appeals for the Second Circuit · 1966
14 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Fifty States Management Corp. v. Pioneer Auto Parks, Inc.New York Court of Appeals · 1979
- Hirsch v. Lindor Realty Corp.New York Court of Appeals · 1984
- First Nationwide Bank v. Brookhaven Realty AssociatesAppellate Division of the Supreme Court of the State of New York · 1996
- In Re Delta Motor Hotel of Syracuse, Inc.United States Bankruptcy Court, N.D. New York · 1981
- Air Vectors Associates v. New York State Department of Transportation (In Re Air Vectors Associates)United States Bankruptcy Court, S.D. New York · 1985
5 more not listed; retrieve them via the Exa API.