Legal Opinion

Ripple's of Clearview, Inc. v. Le Havre Associates

Appellate Division of the Supreme Court of the State of New York

Decided July 19, 1982PublishedCited by 70 opinions

1Opinion of the Court

*121OPINION OF THE COURT

Mollen, P. J.

Plaintiff is a catering establishment in Whitestone, New York. It took occupancy under a sublease agreement dated March 20,1963, which was modified in 1963 and 1972. The sublease term ran to February 28, 1983, with an option to renew until April 30, 1998. These lease agreements were subordinate to first and second mortgages on the premises.

In 1974, the holder of the first mortgage commenced a mortgage foreclosure action. A receiver was appointed who proceeded to collect $1,000 per month rent from plaintiff, under protest. Thereafter, an action was commenced by…

2Cases cited8 opinions

  1. Lanza v. WagnerNew York Court of Appeals · 1962
  2. Woolley v. . StewartNew York Court of Appeals · 1918
  3. Lanza v. WagnerSupreme Court of the United States · 1962
  4. Austin v. . AhearneNew York Court of Appeals · 1874
  5. King & Son, Inc. v. De Santis Construction No. 2 Corp.New York Supreme Court · 1977

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3Cited by70 opinions

  1. R.G. Group, Inc., and R.G. Restaurant Associates v. The Horn & Hardart Company, and Bojangles' of America, Inc.Court of Appeals for the Second Circuit · 1984
  2. Readco, Inc., R.D.P. Associates, Lan Associates Xii and Antonio Reale v. Marine Midland Bank Eagle Rock Holding, Inc., a New York Corp.Court of Appeals for the Second Circuit · 1996
  3. Fed. Sec. L. Rep. P 99,667 Reprosystem, B v. and N. Norman Muller, and Cross-Appellants v. Scm Corporation, and Cross-AppelleeCourt of Appeals for the Second Circuit · 1984
  4. City of Yonkers v. Otis Elevator Co.Court of Appeals for the Second Circuit · 1988
  5. Hartford Fire Insurance v. Federated Department Stores, Inc.District Court, S.D. New York · 1989

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