Legal Opinion
1014 Fifth Avenue Realty Corp. v. Manhattan Realty Co.
New York Court of Appeals
Decided February 13, 1986PublishedCited by 12 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, and plaintiff’s motion for summary judgment denied.
Plaintiff is correct in arguing that its faithful performance of the covenants, conditions and agreements required to be performed by it is a condition precedent to its exercise of the purchase option in the lease which need not be pleaded in its complaint (CPLR 3015 [a]). It does not necessarily follow that it need not be proved as part of its application for summary judgment, for the burden of proof of faithful performance rests upon it to the…
2Cases cited7 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Jefpaul Garage Corp. v. Presbyterian HospitalNew York Court of Appeals · 1984
- Key International Manufacturing, Inc. v. StillmanAppellate Division of the Supreme Court of the State of New York · 1984
- Restoration Realty Corp. v. RoberoNew York Court of Appeals · 1983
- Key International Manufacturing, Inc. v. StillmanNew York Court of Appeals · 1985
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- LLT International Inc. v. MCI Telecommunications Corp.District Court, S.D. New York · 1999
- Woodlaurel, Inc. v. WittmanAppellate Division of the Supreme Court of the State of New York · 1993
- NL Industries, Inc. v. PaineWebber Inc.District Court, S.D. New York · 1989
- Eastern Systems, Inc. v. West 45th Street Industrial Condominiums, Inc. (In Re Eastern Systems, Inc.)United States Bankruptcy Court, S.D. New York · 1989
- Kane Manufacturing Corp. v. PartridgeAppellate Division of the Supreme Court of the State of New York · 1988
7 more not listed; retrieve them via the Exa API.