American Bartenders School, Inc. v. 105 Madison Co.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The doctrine of equitable estoppel should not be applied in this case. The purpose of invoking the doctrine is to prevent the infliction of unconscionable injury and loss upon one who has relied on the promise of another (3 Williston, Contracts [3d ed], § 533A, at p 798; Imperator Realty Co. v Tull, 228 NY 447, 453). It cannot be said that an “unconscionable” injury to plaintiff has resulted from defendant’s refusal to execute the lease modification. Plaintiff’s allegation that defendant’s profit…