Legal Opinion

Auto-Chlor of NYC v. Mount Fishtail, Inc.

Appellate Terms of the Supreme Court of New York

Decided July 8, 2016No. 2016 NYSlipOp 51073(U)Published

1Opinion of the Court

Auto-Chlor of NYC, Doing Business as AUTO-CHLOR SYSTEM OF NEW YORK, Appellant,

against

Mount Fishtail, Inc., Doing Business as NEW MASALA 2 WOK, and LEKHNATH SHARMA, Respondents.

Appeal from an order of the Civil Court of the City of New York, Queens County (Richard G. Latin, J.), entered July 3, 2014. The order, insofar as appealed from, granted the branch of defendants' motion seeking summary judgment dismissing plaintiff's second cause of action, for accelerated rent pursuant to a liquidated damages clause, and denied plaintiff's cross motion for summary judgment.

ORDERED, that the order,…

2Cases cited7 opinions

  1. Truck Rent-A-Center, Inc. v. Puritan Farms 2nd, Inc.New York Court of Appeals · 1977
  2. JMD Holding Corp. v. Congress Financial Corp.New York Court of Appeals · 2005
  3. 172 Van Duzer Realty Corp. v. Globe Alumni Student Assistance Association, Inc.New York Court of Appeals · 2014
  4. Pyramid Centres & Co. v. Kinney Shoe Corp.Appellate Division of the Supreme Court of the State of New York · 1997
  5. DKR Mortgage Asset Trust 1 v. RiveraAppellate Division of the Supreme Court of the State of New York · 2015

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