Legal Opinion
Kirschenbaum v. M-T-S Franchise Corp.
Civil Court of the City of New York
Decided April 10, 1974PublishedCited by 7 opinions
1Opinion of the CourtShanley N. Egeth, J.
The respondent in this holdover proceeding has moved to dismiss the petition on the grounds that the proceeding is not maintainable in that its sublease has not been terminated. Respondent contends that petitioner’s purported termination was ineffective because a proper notice of termination was never served in conformity with the provisions of the sublease. Petitioner opposes the motion claiming that its letter of May 2, 1973 resulted in a termination of the leasehold as of July 31, 1973.
*1013The single question presented on this motion is whether the sublease terminated by virtue of petitioner’s…
2Cases cited10 opinions
- Jones v. GianferanteNew York Court of Appeals · 1953
- Bovin v. GalitzkaNew York Court of Appeals · 1929
- Lyon v. . HerseyNew York Court of Appeals · 1886
- McDonnell v. McDonnellNew York Court of Appeals · 1939
- Granet Construction Corp. v. LongoNew York Supreme Court · 1964
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Mann Theatres Corp. of California v. Mid-Island Shopping Plaza Co.Appellate Division of the Supreme Court of the State of New York · 1983
- NL Industries, Inc. v. PaineWebber Inc.District Court, S.D. New York · 1989
- City of Buffalo Urban Renewal Agency v. Lane Bryant Queens, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
- F.W. Woolworth Co. v. Buford-Clairmont CompanyCourt of Appeals for the Eleventh Circuit · 1985
- Murray Hill Mello Corp. v. Bonne Bouchee Restaurant, Inc.Civil Court of the City of New York · 1982
2 more not listed; retrieve them via the Exa API.