Legal Opinion
80 State Street, LLC v. Allwen, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided April 22, 2004PublishedCited by 2 opinions
1Opinion of the CourtLahtinen, J.
Appeal from an order of the Supreme Court (Benza, J.), entered January 30, 2003 in Albany County, which granted plaintiffs motion for summary judgment.
Plaintiff brought this action seeking damages arising from an alleged breach of a lease by defendant. In August 1999, defendant entered into a 10-year lease to rent premises owned by plaintiff in the City of Albany, where it intended to operate a Wendy’s restaurant. The lease contained a provision permitting defendant to terminate the lease after five years. However, defendant closed the Wendy’s and vacated the premises on December 14, 2001.…
2Cases cited4 opinions
- W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
- Primex International Corp. v. Wal-Mart Stores, Inc.New York Court of Appeals · 1997
- Thomas v. . NelsonNew York Court of Appeals · 1877
- Brock Enterprises, Ltd. v. Dunham's Bay Boat Co.Appellate Division of the Supreme Court of the State of New York · 2002
3Cited by2 opinions
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