Legal Opinion
Route 6 Outpakcels, LLC v. Ruby Tuesday, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided October 27, 2011PublishedCited by 3 opinions
1Opinion of the CourtSpain, J.
Pursuant to a 2006 ground lease agreement, defendant agreed to construct and open a restaurant on plaintiffs real property, located in Pennsylvania, by March 2009, and to pay plaintiff an annual fixed rent in addition to a percentage of the restaurant’s gross sales. Although defendant has consistently paid the fixed rent on the property, it did not construct the anticipated restaurant, prompting plaintiff to commence this breach of contract action. Plaintiff successfully moved for partial summary judgment on the issue of liability, and defendant now appeals.
We affirm. Defendant does not…
2Cases cited4 opinions
- Stand Energy Corp. v. Cinergy Services, Inc.Ohio Court of Appeals · 2001
- Macalloy Corp. v. Metallurg, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- In Re Millers Cove Energy Company, Inc.Court of Appeals for the Sixth Circuit · 1995
- R & B FALCON CORP. v. American Exploration Co.District Court, S.D. Texas · 2001
3Cited by3 opinions
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- Belgium v. Mateo Productions, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
- Belgium v. Mateo Productions, Inc.Appellate Division of the Supreme Court of the State of New York · 2016