Legal Opinion
243-249 Holding Co. v. Infante
Appellate Division of the Supreme Court of the State of New York
Decided February 19, 2004PublishedCited by 4 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered on or about May 24, 2002, which confirmed the report of a judicial hearing officer, vacated all stays and dismissed the complaint, unanimously affirmed, without costs.
Plaintiff 243-249 Holding Co. brought this action to enforce a restrictive covenant on behalf of nonparty 283 Food Corporation, one of two entities comprising plaintiff limited liability corporation. The complaint seeks to permanently enjoin defendants’ operation of a competing supermarket, which is alleged to violate the proximity restriction in the covenant to…
2Cases cited5 opinions
- Fourth Ocean Putnam Corp. v. Interstate Wrecking Co.New York Court of Appeals · 1985
- Newin Corp. v. Hartford Accident & Indemnity Co.New York Court of Appeals · 1975
- Lake Placid Club Attached Lodges v. Elizabethtown Builders, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
- Alicea v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1988
- Aievoli v. FarleyAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by4 opinions
- 767 Third Avenue LLC v. ORIX Capital Markets, LLCAppellate Division of the Supreme Court of the State of New York · 2006
- West Chelsea Buildings, LLC, and West 13th Street LLC, and Tenth Avenue Associates, Lp v. the United States 11-333l, 11-374l &United States Court of Federal Claims · 2013
- National Bank Ltd. v. Security Management Co.Appellate Division of the Supreme Court of the State of New York · 2006
- Lehman Brothers Holdings Inc. v. 1st Advantage Mortgage, L.L.C.United States Bankruptcy Court, S.D. New York · 2022