Legal Opinion
W. A. Olson Enterprises, Inc. v. Agway, Inc.
New York Court of Appeals
Decided November 19, 1981PublishedCited by 16 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The judgment appealed from and the order of the Appellate Division brought up for review should be affirmed, with costs.
Because there was no evidentiary proof that the closing was unreasonably delayed by the plaintiff, the trial court properly granted summary judgment to the plaintiff for the percentage rents due under the lease. For the same reason, the Appellate Division was correct in its modification which awarded attorneys’ fees to the plaintiff. Additionally, even if it were concluded that the provisions of the lease with respect to the tenant’s obligation…
2Cases cited1 opinion
- Hartford Accident & Indemnity Co. v. WesolowskiNew York Court of Appeals · 1973
3Cited by16 opinions
- Havel v. Kelsey-Hayes Co.Appellate Division of the Supreme Court of the State of New York · 1981
- Lake Construction & Development Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
- Automotive Management Group, Ltd. v. SRB Management Co.Appellate Division of the Supreme Court of the State of New York · 1997
- Town of Hempstead v. Inc. Village of Atlantic BeachAppellate Division of the Supreme Court of the State of New York · 2000
- Keith v. HouckAppellate Division of the Supreme Court of the State of New York · 1982
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