Legal Opinion
315 West 48th Street Realty Corp. v. Maria's Mont Blanc Restaurant Corp.
Appellate Terms of the Supreme Court of New York
Decided March 13, 2015Published
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Final judgment, entered July 9, 2013, reversed, with $30 costs, and final judgments awarded to landlords on the holdover petitions. Execution of the warrants of eviction shall be stayed for 30 days from service of a copy of this order with notice of entry.
Tenant operates a restaurant in commercial space demised in two separate lease agreements. The trial evidence presented by landlords established that each lease, as previously renewed for one five-year term, expired on August 31, 2010. Tenant’s unpleaded contention that its predecessor validly exercised a second option to…
3Cases cited6 opinions
- Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
- Maxton Builders, Inc. v. Lo GalboNew York Court of Appeals · 1986
- American Realty Co. v. 64 B VentureAppellate Division of the Supreme Court of the State of New York · 1991
- McIntosh v. Niederhoffer, Cross & Zeckhauser, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
- Berghold v. KirschenbaumAppellate Division of the Supreme Court of the State of New York · 2001
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