Legal Opinion
Fifty States Management Corp. v. Pioneer Auto Parks, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided July 13, 1978Published
1Opinion of the Court
Judgment affirmed, with costs. Denman, J., not participating. Memorandum: The record supports the findings as stated in the decision below. We concur with Special Term’s conclusion that, taken in context with the entire lease and under the particular circumstances of this case, paragraph "Twentieth” (which provides that the rent for the entire 20-year term, $1,250,400, or the portion remaining unpaid, should at once become due and payable, without notice and demand, upon the failure to pay any monthly installment in rent) effected an unconscionable forfeiture of the rights of respondents.…
2Cases cited6 opinions
- First National Stores, Inc. v. Yellowstone Shopping Center, Inc.New York Court of Appeals · 1968
- Graf v. Hope Building Corp.New York Court of Appeals · 1930
- In re the Estate of KrasowskiNew York Court of Appeals · 1968
- Belnord Realty Co. v. LevisonAppellate Division of the Supreme Court of the State of New York · 1923
- Conditioner Leasing Corp. v. Sternmor Realty Corp.New York Court of Appeals · 1966
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