Legal Opinion
Middle Village Associates v. Pergament Home Centers, Inc.
New York Supreme Court
Decided May 24, 2000PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Leonard B. Austin, J.
The parties hereto move pursuant to CPLR 3212 seeking summary judgment in this declaratory judgment action. In its complaint, plaintiff seeks a declaration (1) that the lease dated June 2, 1987, between plaintiff, Middle Village Associates (Middle Village), as landlord, and defendant, Pergament Home Centers, Inc. (Pergament), as tenant, is a sublease and not a pro tanto assignment; (2) that Pergament may not compel Middle Village to extend the terms of a prime lease between Vertical Industrial Park Associates (Vertical), as landlord, and Middle…
2Cases cited23 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
- Murphy v. American Home Products Corp.New York Court of Appeals · 1983
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
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3Cited by3 opinions
- Joachim v. FlanzigNew York Supreme Court · 2004
- Matter of Joachim v. FlanzigNew York Supreme Court, Nassau County · 2004
- North Houston International, L.L.C. v. PW Real Estate Investments, Inc., Texas Court of Appeals, 14th District (Houston)2003