Clifford v. Carrols New York Development Corp.
New York Supreme Court
1Opinion of the CourtDonald H. Mead, J.
Defendant herein moves, pursuant to CPLR 3212 “ for an order dismissing the plaintiffs’ complaint and directing the entry of summary judgment in favor of the defendant and against the plaintiffs, on the ground there is no triable issue of fact presented in the said plaintiffs’ complaint ”. The motion was submitted to the court on papers without oral argument.
While there are numerous disputed issues of fact the noncontroversial facts are substantially as follows: On the 4th of June, 1963, the plaintiffs herein signed an instrument purporting to be a 20-year lease. In this instrument the…
2Cases cited21 opinions
- Crabtree v. Elizabeth Arden Sales Corp.New York Court of Appeals · 1953
- Beckwith v. TalbotSupreme Court of the United States · 1877
- Marks v. . CowdinNew York Court of Appeals · 1919
- Wilson v. . Lewiston Mill Co.New York Court of Appeals · 1896
- Freeland v. RitzMassachusetts Supreme Judicial Court · 1891
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3Cited by4 opinions
- Ideal Structures Corporation v. Levine Huntsville Development CorporationCourt of Appeals for the Fifth Circuit · 1968
- Babdo Sales, Inc. v. Miller-Wohl Company, Inc.Court of Appeals for the Second Circuit · 1971
- Piazza v. SutherlandNew York Supreme Court · 1967
- Babdo Sales, Inc. v. Miller-Wohl Company, Inc.Court of Appeals for the Second Circuit · 1971