Legal Opinion
Kalivia Food Corp. v. Hunts Point Cooperative Market, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided November 17, 1997PublishedCited by 5 opinions
1Opinion of the Court
—In an action, inter alia, for rescission of an agreement modifying a lease, the plaintiff appeals from an order of the Supreme Court, Queens County (Lonschein, J.), dated October 16, 1996, which granted the defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7) and denied the plaintiffs cross motion for leave to serve an amended complaint.
Ordered that the order is affirmed, with costs.
The Supreme Court correctly granted the defendant’s motion to dismiss the complaint. The complaint sought rescission of an agreement modifying a lease, based on an alleged violation…
2Cases cited9 opinions
- Baratta v. KozlowskiAppellate Division of the Supreme Court of the State of New York · 1983
- Stewart M. Muller Construction Co. v. New York Telephone Co.New York Court of Appeals · 1976
- Sofio v. HughesAppellate Division of the Supreme Court of the State of New York · 1990
- Stuart Lipsky, P. C. v. PriceAppellate Division of the Supreme Court of the State of New York · 1995
- Kaplansky v. KaplanskyAppellate Division of the Supreme Court of the State of New York · 1995
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3Cited by5 opinions
- Museum Trading Co. v. BantryAppellate Division of the Supreme Court of the State of New York · 2001
- Scadura v. RobillardAppellate Division of the Supreme Court of the State of New York · 1998
- Brunot v. Joe Eisenberger & Co.Appellate Division of the Supreme Court of the State of New York · 1999
- New York Community Bank v. Snug Harbor Square VentureAppellate Division of the Supreme Court of the State of New York · 2002
- Pronti v. SmutzingerAppellate Division of the Supreme Court of the State of New York · 2008