Legal Opinion
Filmways, Inc. v. 477 Madison Avenue, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided February 25, 1971PublishedCited by 4 opinions
1Opinion of the Court
Concur—Markewich, Kupferman and Steuer, JJ.; McGivern, J. P., dissents in the following memorandum: The document, alluded to in the majority opinion, presumably is the letter dated May 27, 1970, from the prime tenant, Film-ways, to its proposed sublessee, to which letter the defendant-landlord is not a party. Such a letter cannot bind the defendant-landlord nor strip it of its contractual right to deny the use of the leasehold to any sublessee unless occupancy was to be by a single tenant using the “ entire premises ” for the limited use defined by the provisions of the lease. The proposed…
2Cases cited2 opinions
- Woollard v. Schaffer Stores Co.New York Court of Appeals · 1936
- Ireland v. . NicholsNew York Court of Appeals · 1871
3Cited by4 opinions
- 1010 Potomac Associates v. Grocery Manufacturers of America, Inc.District of Columbia Court of Appeals · 1984
- Kruger v. Page Management Co.New York Supreme Court · 1980
- Ontel Corp. v. Helasol Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1987
- Commack Roller Rink, Inc. v. Commack Arena Marketing, Inc.Appellate Division of the Supreme Court of the State of New York · 1989