Legal Opinion
172 Van Duzer Realty Corp. v. Globe Alumni Student Assistance Association, Inc.
New York Court of Appeals
Decided December 19, 2014No. 228PublishedCited by 60 opinions
1Opinion of the Court
OPINION OF THE COURT
Rivera, J.
This appeal involves a dispute over future rental payments sought under an acceleration clause from an out-of-possession tenant after termination of the leasehold agreement. The Appellate Division affirmed an order of Supreme Court which granted the landowner plaintiff summary judgment on the issue of liability, and affirmed a judgment for damages in accordance with the parties’ stipulation. We conclude that the acceleration clause is not per se invalid merely because the landowner terminated the lease and the tenant is no longer in possession. However,…
2Cases cited22 opinions
- Truck Rent-A-Center, Inc. v. Puritan Farms 2nd, Inc.New York Court of Appeals · 1977
- JMD Holding Corp. v. Congress Financial Corp.New York Court of Appeals · 2005
- Fifty States Management Corp. v. Pioneer Auto Parks, Inc.New York Court of Appeals · 1979
- Seidlitz v. . AuerbachNew York Court of Appeals · 1920
- Holy Properties Ltd. v. Kenneth Cole Productions, Inc.New York Court of Appeals · 1995
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3Cited by60 opinions
- Dorothy M. Faison v. Tonya LewisNew York Court of Appeals · 2015
- Leeber Realty LLC v. Trustco BankDistrict Court, S.D. Illinois · 2018
- Ultra Petro Corp v. Ad Hoc ComCourt of Appeals for the Fifth Circuit · 2022
- H.L. Realty, LLC v. EdwardsAppellate Division of the Supreme Court of the State of New York · 2015
- Lehman Brothers Special Financing Inc. v. Bank of America N.A.Court of Appeals for the Second Circuit · 2020
55 more not listed; retrieve them via the Exa API.