Legal Opinion
Fifty States Management Corp. v. Pioneer Auto Parks, Inc.
New York Court of Appeals
Decided March 29, 1979PublishedCited by 121 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Cooke.
The question posed on this appeal is whether equity will intervene to prevent enforcement of a provision in a 20-year lease between commercial parties providing for the acceleration of the rent due for the entire lease term upon the tenant’s default in the payment of a monthly rental installment. Reasoning that enforcement of the acceleration clause would exact an unconscionable forfeiture, the Appellate Division affirmed the dismissal of the landlord’s complaint by Supreme Court, Erie County.
There should be a reversal. By failing to tender payment of two…
2Cases cited16 opinions
- First National Stores, Inc. v. Yellowstone Shopping Center, Inc.New York Court of Appeals · 1968
- J. N. A. Realty Corp. v. Cross Bay Chelsea, Inc.New York Court of Appeals · 1977
- Graf v. Hope Building Corp.New York Court of Appeals · 1930
- Seidlitz v. . AuerbachNew York Court of Appeals · 1920
- Ward v. Hudson River Building Co.New York Court of Appeals · 1891
11 more not listed; retrieve them via the Exa API.
3Cited by121 opinions
- JMD Holding Corp. v. Congress Financial Corp.New York Court of Appeals · 2005
- Walter E. Heller & Co. v. Video Innovations, Inc.Court of Appeals for the Second Circuit · 1984
- U.S. Bank Trust National Ass'n v. AMR Corp.Court of Appeals for the Second Circuit · 2013
- 172 Van Duzer Realty Corp. v. Globe Alumni Student Assistance Association, Inc.New York Court of Appeals · 2014
- Awards.com v. Kinko's, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
116 more not listed; retrieve them via the Exa API.