Legal Opinion
United Artists Corp. v. No. 731 Seventh Avenue Restaurant, Inc.
Civil Court of the City of New York
Decided July 13, 1973PublishedCited by 9 opinions
1Opinion of the CourtBentley Kassal, J.
Tenant, in this commercial nonpayment summary proceeding, moves to dismiss the petition on the basis of election of remedies by the landlord. Tenant argues that the landlord’s conduct in commencing a holdover proceeding and appealing the final judgment bars the institution of the nonpayment proceeding.
In August, 1972, the landlord served the tenant with a notice of cancellation for failure to remedy numerous claimed defaults under the lease, and followed, in October, with the institution of a holdover summary proceeding. After trial, on April 13, 1973, a final judgment issued dismissing the…
2Cases cited5 opinions
- Cornwell v. . SanfordNew York Court of Appeals · 1918
- Gramford Realty Corp. v. ValentinCivil Court of the City of New York · 1972
- Meyerhoffer v. BakerAppellate Division of the Supreme Court of the State of New York · 1907
- McDonald v. RuggieroAppellate Division of the Supreme Court of the State of New York · 1911
- Woollard v. Schaffer Stores Co.Appellate Division of the Supreme Court of the State of New York · 1940
3Cited by9 opinions
- Antillean Holding Co. v. LindleyCivil Court of the City of New York · 1973
- Zenila Realty Corp. v. MasterandreaCivil Court of the City of New York · 1984
- Rathe v. Adirondack Concepts, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
- 269 Associates v. YerkesCivil Court of the City of New York · 1982
- Housing Authority, Newark v. WestSupreme Court of New Jersey · 1976
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