Legal Opinion

305 East 40th Garage Corp. v. 305 East 40th Owners Corp.

District Court, S.D. New York

Decided September 16, 1993No. 88 Civ. 6073 (MJL)PublishedCited by 6 opinions

1Opinion of the Court

OPINION AND ORDER

LOWE, District Judge.

Before this Court is the summary judgment motion filed October 16, 1992 by plaintiff 305 East 40th Garage Corp. (“305 Garage”). Also before the Court is the partial summary judgment motion filed October 16, 1992 by defendant 305 East 40th Owners Corp. (“305 Owners”). For the reasons stated below, 305 Garage’s motion for summary judgment is denied, and 305 Owners’ motion for partial summary judgment on the issues of timeliness of termination, constitutionality of 15 U.S.C. § 3607, and estoppel is granted.

BACKGROUND

The facts pertaining to the present…

2Cases cited15 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Fuentes v. ShevinSupreme Court of the United States · 1972
  3. Howard Johnson Co. v. Detroit Local Joint Executive BoardSupreme Court of the United States · 1974
  4. West 14th Street Commercial Corp. v. 5 West 14th Owners Corp.Court of Appeals for the Second Circuit · 1987
  5. Walentas v. LipperCourt of Appeals for the Second Circuit · 1988

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3Cited by6 opinions

  1. Darnet Realty Associates, LLC v. 136 East 56th Street Owners, Inc.Court of Appeals for the Second Circuit · 1998
  2. Darnet Realty Associates LLC v. 136 East 56th Street Owners, Inc.Court of Appeals for the Second Circuit · 2000
  3. Bleecker Charles Co. v. 350 Bleecker Street Apartment Corp.District Court, S.D. New York · 2001
  4. Docket Nos. 99-7853(l), 99-7885(xap) August Term, 1999Court of Appeals for the Second Circuit · 2000
  5. Flora Gillespie v. St Regis Residence Club, New York Inc.District Court, S.D. New York · 2020

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