Legal Opinion
South Street Seaport Ltd. Partnership v. Jade Sea Restaurant, Inc.
Civil Court of the City of New York
Decided June 12, 1991PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Walter Tolub, J.
This is a commercial holdover proceeding, in which the *726respondent moves to dismiss the petition on the grounds that the clause in the lease upon which the petitioner bases this action is a condition subsequent precluding the petitioner from maintaining a summary proceeding. The motion to dismiss is granted.
Respondent took possession of the demised premises in August of 1987 as assignee of the original tenant Seaport Lichee Nut Restaurant, Inc. Over the course of the next few years, there were three amendments to the lease agreement. The third clause of the…
2Cases cited9 opinions
- Beach v. . NixonNew York Court of Appeals · 1853
- Miller v. . LeviNew York Court of Appeals · 1871
- Perrotta v. Western Regional Off-Track Betting Corp.Appellate Division of the Supreme Court of the State of New York · 1983
- TSS-Seedman's, Inc. v. Elota Realty Co.New York Court of Appeals · 1988
- Munro v. Syracuse, Lake Shore & Northern RailroadNew York Court of Appeals · 1910
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3Cited by4 opinions
- Semans Family Ltd. Partnership v. KennedyCivil Court of the City of New York · 1998
- Gouveneur Gardens Housing Corp. v. LeeCivil Court of the City of New York · 2003
- VNO 100 West 33rd Street LLC v. Square One of Manhattan, Inc.Appellate Terms of the Supreme Court of New York · 2008
- Bogatz v. Extra Touch International, Inc.Civil Court of the City of New York · 1999