Legal Opinion
Papa Gino's of America, Inc. v. Plaza at Latham Associates
Appellate Division of the Supreme Court of the State of New York
Decided October 20, 1988PublishedCited by 7 opinions
1Opinion of the Court
Yesawich, Jr., J.
Appeal from that part of an order of the Supreme Court (Conway, J.), entered April 5, 1988 in Albany County, which denied plaintiff’s motion for partial summary judgment on its third cause of action.
The facts underlying this action were set out on a previous appeal (see, 135 AD2d 74). The question now before us is whether this court’s affirmance of summary judgment previously granted on plaintiff’s second cause of action, which sought specific performance of a restrictive lease covenant prohibiting rental of store premises to one whose main business is the sale of pizza,…
2Cases cited2 opinions
- Bolm v. Triumph Corp.Appellate Division of the Supreme Court of the State of New York · 1979
- Papa Gino's of America, Inc. v. Plaza at Latham AssociatesAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by7 opinions
- Scofield v. Trustees of Union CollegeAppellate Division of the Supreme Court of the State of New York · 2001
- Karol v. PolsinelloAppellate Division of the Supreme Court of the State of New York · 2015
- In re the Arbitration between McNamee, Lochner, Titus & Williams, P. C. & KilleenAppellate Division of the Supreme Court of the State of New York · 1999
- O'Hara v. BishopAppellate Division of the Supreme Court of the State of New York · 1998
- Karol v. PolsinelloAppellate Division of the Supreme Court of the State of New York · 2015
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