Legal Opinion
Emerald Enterprises of Rochester, Inc. v. Chili Plaza Associates
Appellate Division of the Supreme Court of the State of New York
Decided March 14, 1997PublishedCited by 5 opinions
1Opinion of the Court
Order and judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff operates a bar and restaurant in Chili-Paul Plaza. Its lease with the owner, defendant Chili Plaza Associates (CPA), provides that CPA will not lease space to a "tavern, saloon or bar.” The lease further provides that "this restriction has no application whatsoever, present or future, to any restaurant * * * conducting a bar and providing for * * * consumption and sale of alcoholic beverages as an incident to its restaurant food service business.”…
2Cases cited10 opinions
- W. T. Grant Co. v. SrogiNew York Court of Appeals · 1981
- Aetna Insurance v. CapassoNew York Court of Appeals · 1990
- Huggins v. Castle Estates Inc.New York Court of Appeals · 1975
- Buffalo Academy of Sacred Heart v. Boehm Bros.New York Court of Appeals · 1935
- Premium Point Park Ass'n v. Polar Bar, Inc.New York Court of Appeals · 1954
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3Cited by5 opinions
- Blueberries Gourmet, Inc. v. Aris Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1998
- Eastman Kodak Co. v. CarmosinoAppellate Division of the Supreme Court of the State of New York · 2010
- Abramo v. HealthNow New YorkAppellate Division of the Supreme Court of the State of New York · 2003
- Dental Health Associates v. ZangenehAppellate Division of the Supreme Court of the State of New York · 1999
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