Legal Opinion

Latham Land I, LLC v. TGI Friday's, Inc.

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

Decided June 28, 2012Published

1Opinion of the CourtSpain, J.

Cross appeals from a judgment of the Supreme Court (Platkin, J.), entered February 3, 2011 in Albany County, upon a decision of the court in favor of defendant.

Plaintiff commenced this action alleging that defendant breached a May 24, 2007 contract whereby defendant, as lessee, agreed to, among other things, build and operate a restaurant on a portion of plaintiffs real property in the Town of Colonie, Albany County (hereinafter the contract). The contract contemplated an initial lease term of 10 years, with five-year renewal options and, at the end of the lease, that plaintiff would take…

2Cases cited17 opinions

  1. Kenford Co. v. County of ErieNew York Court of Appeals · 1986
  2. Oppenheimer & Co. v. Oppenheim, Appel, Dixon & Co.New York Court of Appeals · 1995
  3. Bi-Economy Market, Inc. v. Harleysville InsuranceNew York Court of Appeals · 2008
  4. Kenford Co. v. County of ErieNew York Court of Appeals · 1989
  5. MHR Capital Partners LP v. Presstek, Inc.New York Court of Appeals · 2009

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