Legal Opinion

Babdo Sales, Inc. v. Miller-Wohl Company, Inc.

Court of Appeals for the Second Circuit

Decided April 2, 1971No. 35462_1PublishedCited by 14 opinions

1Opinion of the Court

J. JOSEPH SMITH, Circuit Judge:

This is an appeal from the United States District Court for the Southern District of New York, Dudley B. Bonsai, Judge, from an order granting summary judgment in favor of plaintiff, Babdo Sales, Inc., in a declaratory judgment action brought to determine whether the plaintiff was entitled to the continued use and occupancy of certain departments of the defendant’s stores under contracts entered into by the two parties. The principal questions raised below are whether there was ever a binding leasing contract entered into by the parties and, if so, whether it is…

2Cases cited11 opinions

  1. Crabtree v. Elizabeth Arden Sales Corp.New York Court of Appeals · 1953
  2. Whitaker v. ColemanCourt of Appeals for the Fifth Circuit · 1940
  3. Empire Electronics Co., Inc. v. United StatesCourt of Appeals for the Second Circuit · 1962
  4. Scheck v. FrancisNew York Court of Appeals · 1970
  5. Stulsaft v. Mercer Tube & Manufacturing Co.New York Court of Appeals · 1942

6 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Consarc Corporation v. Marine Midland Bank, N.A.Court of Appeals for the Second Circuit · 1993
  2. Olympic Junior, Inc., in No. 71-1440 v. David Crystal, Inc. Appeal of Edward Defabio, in No. 71-1441. Appeal of Paul D'alessandro, in No. 71-1442Court of Appeals for the Third Circuit · 1972
  3. Advanced Marine Technologies, Inc. v. Burnham Securities, Inc.District Court, S.D. New York · 1998
  4. Attorney General of the United States v. Irish Northern Aid CommitteeDistrict Court, S.D. New York · 1981
  5. Konigsberg v. Security National BankDistrict Court, S.D. New York · 1975

9 more not listed; retrieve them via the Exa API.

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