Legal Opinion
DMF Gramercy Enterprises, Inc. v. Lillian Troy 1999 Trust
Appellate Division of the Supreme Court of the State of New York
Decided October 21, 2014No. 652260/12 12945PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Acosta, J.
The question presented on appeal is whether a landlord has an unfettered right to withhold or terminate its consent to a tenant’s operation of a sidewalk café, where the café has existed for at least 50 years and the lease contemplates the use of the sidewalk for that purpose. We hold that defendants may not withhold or terminate their consent, irrespective of whether they have a good-faith basis for doing so, because the lease expressly and unequivocally requires them to consent to plaintiffs operation of the sidewalk café. In any event, we find that the implied…
2Cases cited8 opinions
- Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
- 511 West 232nd Owners Corp. v. Jennifer Realty Co.New York Court of Appeals · 2002
- Express Industries & Terminal Corp. v. New York State Department of TransportationNew York Court of Appeals · 1999
- 67 Wall Street Co. v. Franklin National BankNew York Court of Appeals · 1975
- De Mayo v. Yates Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1970
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3Cited by1 opinion
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