Legal Opinion
Dandey Realty Corp. v. Nick's Hideaway, Inc.
Appellate Terms of the Supreme Court of New York
Decided June 19, 2009PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Final judgment, insofar as appealed from, reversed without costs and petition dismissed as against tenant Nick’s Hideaway, Inc.
In February 2005 landlord and Nick’s Hideaway, Inc. (tenant) entered into a 10-year lease, which contemplated use of the subject premises as a restaurant. The premises had been operated as a restaurant for decades and had a certificate of occupancy as an existing nonconforming use.
Immediately after signing the lease, tenant commenced extensive renovations of the premises, without first seeking a permit for such work. Tenant subsequently…
2Cases cited6 opinions
- Gould v. Board of EducationNew York Court of Appeals · 1993
- Rekis v. Lake Minnewaska Mountain Houses, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- Larsen v. PotterAppellate Division of the Supreme Court of the State of New York · 1991
- D'Agostino v. HardingAppellate Division of the Supreme Court of the State of New York · 1995
- Sunlight Funding Corp. v. SingerAppellate Division of the Supreme Court of the State of New York · 1989
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3Cited by1 opinion
- Standard Heat, Inc. v. DonatoAppellate Terms of the Supreme Court of New York · 2013