Provident Loan Society v. 190 East 72nd Street Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Melvin L. Schweitzer, J.), entered June 3, 2009, which granted defendant’s motion to dismiss the complaint for failure to state a cause of action, unanimously affirmed, with costs.
Plaintiff landlord’s first cause of action seeking a declaration of equitable relief was properly dismissed, inasmuch as the “reappraisal” dispute between the parties was governed by the clear, unambiguous terms of their agreement. The parties were sophisticated entities represented by counsel when they entered into a 75-year commercial lease that called for the annual rent to…
2Cases cited7 opinions
- W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
- Nassau Trust Co. v. Montrose Concrete Products Corp.New York Court of Appeals · 1982
- J. N. A. Realty Corp. v. Cross Bay Chelsea, Inc.New York Court of Appeals · 1977
- Maxton Builders, Inc. v. Lo GalboNew York Court of Appeals · 1986
- Ark Bryant Park Corp. v. Bryant Park Restoration Corp.Appellate Division of the Supreme Court of the State of New York · 2001
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
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- Powers v. Stanley Black & Decker, Inc.District Court, S.D. New York · 2015
- HarperCollins Publishers LLC v. Open Road Integrated Media, LLPDistrict Court, S.D. New York · 2014
- Niagara Mohawk Power Corporation v. Allied Healthcare Products, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
3 more not listed; retrieve them via the Exa API.