Legal Opinion
Four Star Holding Co. v. Alex Furs, Inc.
Appellate Terms of the Supreme Court of New York
Decided July 31, 1992PublishedCited by 10 opinions
1Opinion of the Court
*448OPINION OF THE COURT
2Per curiam
Order dated April 2, 1991 reversed, with $10 costs, tenant’s motion to dismiss the petition is denied, and a new trial is ordered.
In this commercial nonpayment proceeding, the trial court granted tenant’s motion to dismiss at the conclusion of landlord’s prima facie case upon the ground that landlord had not proven a written demand for rent as required by the parties’ lease. Paragraph 27 of that lease sets forth the standard "Bills and Notice” printed provision, to wit: "Except as otherwise in this case provided, a bill, statement, notice or communication which owner may…
3Cited by10 opinions
- Alexander Muss & Sons v. RozanyAppellate Terms of the Supreme Court of New York · 1996
- Walsam Fifth Avenue Development Co. v. Lions Gate Capital Corp.Civil Court of the City of New York · 1995
- Lally v. Fasano-LallyAppellate Terms of the Supreme Court of New York · 2008
- Kulok v. Riddim Co.Civil Court of the City of New York · 2000
- Miller v. MMT Corp.Civil Court of the City of New York · 1999
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