Legal Opinion

Pyramid Co. v. Original Great American Chocolate Chip Cookie Co.

New York Supreme Court

Decided February 14, 1980PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

Edward F. McLaughlin, J.

Defendant moves to dismiss plaintiffs complaint pursuant to CPLR 3211 (subd [a], pars 7, 8) and CPLR 327 on the grounds that the complaint fails to state a cause of action, that the court lacks jurisdiction of the person of the defendant, and that the action should be heard in a more convenient forum.

This action arises out of an agreement dated July 11, 1979 *1058in which plaintiff leased commercial space to defendant in the Pyramid Mall — Ithaca, located in Tompkins County, New York. Under the terms of the lease, defendant contracted to use the premises…

2Cases cited3 opinions

  1. Gulf Oil Corp. v. GilbertSupreme Court of the United States · 1947
  2. Bata v. BataNew York Court of Appeals · 1952
  3. Gonzales v. Harris Calorific Co.New York Supreme Court · 1970

3Cited by8 opinions

  1. Beacon Enterprises, Inc. v. Mary Rose MenziesCourt of Appeals for the Second Circuit · 1983
  2. Broadcasting Rights International Corp. v. Societe Du Tour De FranceDistrict Court, S.D. New York · 1987
  3. Fashion Tanning Co. v. Shutzer Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
  4. Gaines Service Leasing Corp. v. AshkenazyDistrict Court, E.D. New York · 1986
  5. Eugene Iovine, Inc. v. Rudox Engine & Equipment Co.District Court, E.D. New York · 1992

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