Legal Opinion

Dennis & Jimmy's Food Corp. v. Milton Co.

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

Decided January 9, 1984PublishedCited by 11 opinions

1Opinion of the Court

In an action for a declaratory judgment, defendant appeals and plaintiff cross-appeals, from an order of the Supreme Court, Queens County (Goldstein, J.), dated April 25,1983, which denied their motion and cross motion, respectively, for summary judgment. Cross appeal by plaintiff dismissed for failure to properly perfect (see 22 NYCRR 670.8; Cooper v Bosse, 85 AD2d 616). Order reversed insofar as appealed from by defendant, on the law, defendant’s motion for summary judgment granted and it is declared that defendant is entitled to exercise its remedies under the subject lease. Defendant is…

2Cases cited3 opinions

  1. Cooper v. BosseAppellate Division of the Supreme Court of the State of New York · 1981
  2. Pollack v. J. A. Green Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1972
  3. Luna Park Housing Corp. v. BesserAppellate Division of the Supreme Court of the State of New York · 1972

3Cited by11 opinions

  1. Clempner v. Town of SoutholdAppellate Division of the Supreme Court of the State of New York · 1989
  2. Dennis & Jimmy's Food Corp. v. Milton Co.New York Court of Appeals · 1984
  3. Sky Four Realty Co. v. C.F.M. Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
  4. Bethpage Theatre Co. v. Turnpike Films, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
  5. Eastern Systems, Inc. v. West 45th Street Industrial Condominiums, Inc. (In Re Eastern Systems, Inc.)United States Bankruptcy Court, S.D. New York · 1989

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