Legal Opinion

Rowe v. Great Atlantic & Pacific Tea Co.

New York Court of Appeals

Decided December 6, 1978PublishedCited by 232 opinions

1Opinion of the Court

OPINION OF THE COURT

Gabrielli, J.

We are called upon to determine whether a certain real property lease agreement contains an implied covenant limiting the lessee’s power to assign the lease. The property subject to the lease is located in Sag Harbor, New York. In 1964, petitioner, Robert Rowe, an experienced attorney and businessman and the owner of the land involved herein, leased the property to respondent Great Atlantic & Pacific Tea Co. (A&P) for use as a "general merchandise business”. The agreement required Rowe to erect a building on the property, and provided for a yearly rental of…

2Cases cited9 opinions

  1. Wood v. . Duff-GordonNew York Court of Appeals · 1917
  2. Kirke La Shelle Co. v. Paul Armstrong Co.New York Court of Appeals · 1933
  3. Riggs v. . PursellNew York Court of Appeals · 1876
  4. De Peyster v. . MichaelNew York Court of Appeals · 1852
  5. Presby v. . BenjaminNew York Court of Appeals · 1902

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3Cited by232 opinions

  1. New York University v. Continental InsuranceNew York Court of Appeals · 1995
  2. 511 West 232nd Owners Corp. v. Jennifer Realty Co.New York Court of Appeals · 2002
  3. Dalton v. Educational Testing ServiceNew York Court of Appeals · 1995
  4. Lorenz v. CSX Corp.Court of Appeals for the Third Circuit · 1993
  5. Vermont Teddy Bear Co. v. 538 Madison Realty Co.New York Court of Appeals · 2004

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