Birnbaum v. Yankee Whaler, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously reversed, with costs, and petition granted. Memorandum: On August 21,1969 Bernard Birnbaum, as landlord, and Yankee Whaler, Inc., as tenant, entered into a lease for the premises of the Yankee Whaler Restaurant. Under this relationship tenant was in the habit of paying its rent late, and the landlord apparently countenanced this practice. After Bernard Birnbaum’s death, a new lease was executed on November 17, 1977 between Janice Birnbaum, as coexecutrix for the estate of Bernard Birnbaum, and Yankee Whaler. This lease provided, inter alia, that in the event tenant failed to…
2Cases cited6 opinions
- J. N. A. Realty Corp. v. Cross Bay Chelsea, Inc.New York Court of Appeals · 1977
- Fifty States Management Corp. v. Pioneer Auto Parks, Inc.New York Court of Appeals · 1979
- Jones v. GianferanteNew York Court of Appeals · 1953
- 57 E. 54 Realty Corp. v. Gay Nineties Realty Corp.Appellate Terms of the Supreme Court of New York · 1972
- Tehan v. Thos. C. Peters Printing Co.Appellate Division of the Supreme Court of the State of New York · 1979
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3Cited by15 opinions
- Zenila Realty Corp. v. MasterandreaCivil Court of the City of New York · 1984
- Grand Liberte Cooperative, Inc. v. BilhaudAppellate Terms of the Supreme Court of New York · 1984
- Matter of Birnbaum v. Yankee Whaler, Inc.New York Court of Appeals · 1980
- NL Industries, Inc. v. PaineWebber Inc.District Court, S.D. New York · 1989
- Eastern Systems, Inc. v. West 45th Street Industrial Condominiums, Inc. (In Re Eastern Systems, Inc.)United States Bankruptcy Court, S.D. New York · 1989
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