Torrey Delivery, Inc. v. Chautauqua Truck Sales & Service, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMahoney, J.
Defendants appeal from that portion of an order of Special Term which denied their motion to dismiss plaintiffs complaint for failure to state a cause of action and granted plaintiffs cross motion to permit service of an amended complaint.
*281The operative allegations contained in plaintiffs original complaint, as well as its amended complaint, are as follows: Plaintiff, Torrey Delivery, Inc. (Torrey), in April, 1972 entered into a two-year term lease agreement, as tenant, with Chautauqua White Service, Inc. (Chautauqua White), as owner and landlord, for premises at 219 Brigham Road in the City…
2Cases cited17 opinions
- Israel v. Wood Dolson Co.New York Court of Appeals · 1956
- Foley v. D'AgostinoAppellate Division of the Supreme Court of the State of New York · 1964
- Walkovszky v. CarltonNew York Court of Appeals · 1966
- Condon v. Associated Hospital ServiceNew York Court of Appeals · 1942
- Brock v. . PoorNew York Court of Appeals · 1915
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3Cited by30 opinions
- Tenneco Inc. v. Enterprise Products Co.Texas Supreme Court · 1996
- Prince v. Elm Inv. Co., Inc.Utah Supreme Court · 1982
- McCauley v. Tom McCauley & Son, Inc.New Mexico Court of Appeals · 1986
- Drago v. BuonagurioAppellate Division of the Supreme Court of the State of New York · 1978
- LaROSE MARKET, INC v. SYLVAN CENTER, INCMichigan Court of Appeals · 1995
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