Legal Opinion
Chestnut Realty Corp. v. Kaminsky
Appellate Division of the Supreme Court of the State of New York
Decided October 21, 2015No. 2014-03373PublishedCited by 3 opinions
1Opinion of the Court
In an action to recover damages for breach of a lease, the defendants appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Nassau County (K. Murphy, J.), entered January 23, 2014, as, upon a decision dated October 29, 2013, made after a nonjury trial, is in favor of the plaintiff and against them in the principal sum of $94,610.
Ordered that the judgment is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, and the complaint is dismissed.
“A surrender by operation of law occurs when the parties to a lease both do some…
2Cases cited10 opinions
- Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
- Riverside Research Institute v. KMGA, Inc.New York Court of Appeals · 1986
- J-Mar Service Center, Inc. v. Mahoney, Connor & HusseyAppellate Division of the Supreme Court of the State of New York · 2007
- Novair Mechanical Corp. v. Universal Management & Contracting Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Baygold Associates., Inc. v. Congregation Yetev Lev of Monsey, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
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3Cited by3 opinions
- Chili Venture LLC v. StahlRochester City Court · 2016
- Lane NY Realty Holding LLC v. CLDC Inc.Nassau County District Court · 2016
- Rockaway One Co. LLC v. AlstonAppellate Terms of the Supreme Court of New York · 2019