White Angel Realty v. Asian Bros.
Nassau County District Court
1Opinion of the Court
OPINION OF THE COURT
Kenneth L. Gartner, J.
This commercial summary holdover proceeding raises a novel issue: Whether, in assessing the sufficiency of a notice of default served as a necessary predicate for termination of a commercial lease, the court is bound to look no farther than the four corners of the writing, or can consider proof extrinsic to the notice itself.
The respondent tenant operates a restaurant located in a Levittown strip mall. A store next door to the restaurant is vacant. The landlord has a prospective tenant for the vacant space. However, the prospective tenant requires…
2Cases cited15 opinions
- Wood v. . Duff-GordonNew York Court of Appeals · 1917
- Chinatown Apartments, Inc. v. Chu Cho LamNew York Court of Appeals · 1980
- Siegel v. Kentucky Fried Chicken of Long Island, Inc.New York Court of Appeals · 1986
- Siegel v. Kentucky Fried Chicken of Long Island, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- Filmtrucks, Inc. v. Express Industries & Terminal Corp.Appellate Division of the Supreme Court of the State of New York · 1987
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3Cited by1 opinion
- Ohday Realty Corp. v. LuponeCivil Court of the City of New York · 2002