Legal Opinion
Hudson Towers Housing Co. v. VIP Yacht Cruises, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided June 2, 2009PublishedCited by 6 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Karen S. Smith, J.), entered July 1, 2005, which denied plaintiffs motion for summary judgment, unanimously affirmed, without costs.
We disagree with the motion court’s finding that summary judgment is precluded by an issue of fact whether there was a surrender of the premises by defendant tenant and acceptance by plaintiff landlord. Article 25 of the parties’ lease specifically states that there is no surrender of the premises without an agreement accepting such surrender in writing signed by the landlord. It is undisputed that there was no written…
2Cases cited3 opinions
- Joseph Francese, Inc. v. Enlarged City School DistrictNew York Court of Appeals · 2000
- Milltown Park Inc. v. American Felt & Filter Co.Appellate Division of the Supreme Court of the State of New York · 1992
- Joseph Francese, Inc. v. Enlarged City School DistrictAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by6 opinions
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- 1995 CAM LLC v. West Side Advisors, LLCNew York Court of Appeals · 2025
- 558 Seventh Ave. Corp. v. E&B Barbers Inc.Appellate Division of the Supreme Court of the State of New York · 2025
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