Legal Opinion

Jeremy's Ale House Also, Inc. v. Joselyn Luchnick Irrevocable Trust

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

Decided July 7, 2005PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Sullivan, J.P.

The facts are fairly and accurately set forth in the dissent. To recapitulate: under a “last right of refusal” afforded plaintiff tenant, Jeremy’s Ale House Also, Inc., pursuant to a modification of a commercial lease, the landlord, the Joselyn Luchnick Irrevocable Trust, beginning approximately three months before the lease’s expiration, communicated a series of offers. According to the complaint, Jeremy’s accepted two direct offers, the first for $1 million or the appraised value, whichever was higher, and the second for $1.2 million. Later, the Trust…

2Cases cited10 opinions

  1. Scheck v. FrancisNew York Court of Appeals · 1970
  2. Wieder v. SkalaNew York Court of Appeals · 1992
  3. Metropolitan Transportation Authority v. Bruken Realty Corp.New York Court of Appeals · 1986
  4. Strasbourger v. . LeerburgerNew York Court of Appeals · 1922
  5. LIN Broadcasting Corp. v. Metromedia, Inc.New York Court of Appeals · 1989

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3Cited by6 opinions

  1. Markan Corp. v. Plane's Cayuga Vineyard, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
  2. Peters v. SmolianNew York Supreme Court · 2015
  3. Vays v. 139 Emerson PlaceAppellate Division of the Supreme Court of the State of New York · 2012
  4. United East LLC v. ChuriAppellate Terms of the Supreme Court of New York · 2009
  5. Castle Family LLC v. the Kailuan Inc.Hawaii Intermediate Court of Appeals · 2010

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