Ross Realty v. V & A Fabricators, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Lunn, J.
This appeal presents an issue of first impression for the Court. The question to be determined involves the interplay of summary eviction proceedings in a local district court, a rent acceleration clause in a commercial lease, subject matter jurisdiction in the local district court, and res judicata principles. The facts are largely undisputed. On or about April 1, 2003, the plaintiff landlord and defendant tenant entered into a commercial lease for a term of five years, commencing May 1, 2003. Shortly thereafter, the defendant became dissatisfied with the space,…
2Cases cited8 opinions
- In re AhoNew York Court of Appeals · 1976
- Parker v. Blauvelt Volunteer Fire Co.New York Court of Appeals · 1999
- International Publications, Inc. v. MatchabelliNew York Court of Appeals · 1933
- Armstrong Trading, Ltd. v. MBM EnterprisesAppellate Division of the Supreme Court of the State of New York · 2006
- Beck v. Eastern Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2002
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3Cited by15 opinions
- 172 Van Duzer Realty Corp. v. Globe Alumni Student Assistance Association, Inc.New York Court of Appeals · 2014
- Strobehn v. MasonMissouri Court of Appeals · 2013
- Landmark Properties v. OlivoAppellate Division of the Supreme Court of the State of New York · 2009
- 76-82 St. Marks, LLC v. GluckAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Chodkowski v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2020
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