Legal Opinion
Omath Holding Co. v. City of New York
New York Supreme Court
Decided January 21, 1988PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Edward H. Lehner, J.
The principal issue raised on this motion for summary judgment is whether a lease, the term of which does not commence until 42 months after the demised property is rezoned to permit the intended use, may be canceled by the lessor when after almost two decades subsequent to the execution thereof the zoning has not been changed, and two thirds of the property has been mapped as tidal wetlands by the State of New York.
FACTS
By instrument dated October 16, 1968, defendant City of New York (City) leased unto plaintiff Omath Holding Company, Inc. (Omath) a…
2Cases cited10 opinions
- Metropolitan Transportation Authority v. Bruken Realty Corp.New York Court of Appeals · 1986
- Wong v. Di GraziaCalifornia Supreme Court · 1963
- Buffalo Seminary v. McCarthyAppellate Division of the Supreme Court of the State of New York · 1982
- Buffalo Seminary v. McCarthyNew York Court of Appeals · 1983
- In re the Accounting of HellerNew York Court of Appeals · 1954
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3Cited by1 opinion
- Omath Holding Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1989