Legal Opinion
Kirby's Grill, Inc. v. Westvale Plaza
Appellate Division of the Supreme Court of the State of New York
Decided May 10, 2000PublishedCited by 3 opinions
1Opinion of the Court
—Order unanimously reversed on the law without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Plaintiff commenced this action seeking declaratory and injunctive relief in connection with its rights to use certain areas and facilities that allegedly fall within the definition of *979“common areas and common facilities” in its lease with defendant Westvale Plaza. Following a bench trial, Supreme Court dismissed the complaint. The court concluded that the definition of “common areas and common facilities” is unambiguous and excludes…
2Cases cited8 opinions
- W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
- Hartford Accident & Indemnity Co. v. WesolowskiNew York Court of Appeals · 1973
- Stage Club Corp. v. West Realty Co.Appellate Division of the Supreme Court of the State of New York · 1995
- Broughton v. DonaAppellate Division of the Supreme Court of the State of New York · 1984
- Mastin v. Village of LimaAppellate Division of the Supreme Court of the State of New York · 1980
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3Cited by3 opinions
- Hamburg v. American Ref-Fuel Co.Appellate Division of the Supreme Court of the State of New York · 2001
- T.L.C. West v. Fashion OutletsAppellate Division of the Supreme Court of the State of New York · 2009
- JEWETT, VICKI v. M.D. FRITZ, INC.Appellate Division of the Supreme Court of the State of New York · 2011