§Why CasetextPricing

172 Van Duzer Realty Corp., Respondent,v.Globe Alumni Student Assistance Association, Inc., et al., Appellants.

Brief

31 Cited authorities

  1. In the Matter of Hunter

    4 N.Y.3d 260 (N.Y. 2005)   Cited 525 times
    Concluding that res judicata barred petitioner's claim against executor of estate where prior Surrogate's Court's decree had released executor from all further liability as to matters embraced in the decree, including petitioner's claim

  2. Holy Props. v. Cole Prods

    87 N.Y.2d 130 (N.Y. 1995)   Cited 237 times
    Holding tenant liable for all monetary obligations arising under the lease, where the lease expressly provided that landlord was under no duty to mitigate damages upon defendant's abandonment of the premises or eviction

  3. Bank One v. Prudential Insurance

    878 F. Supp. 943 (N.D. Tex. 1995)   Cited 241 times
    Holding that the FDIC is liable for contingent claims so long as those claims arose before insolvency and did not rely on new contractual obligations created after insolvency

  4. Truck Rent-A-Center v. Puritan

    41 N.Y.2d 420 (N.Y. 1977)   Cited 369 times   1 Legal Analyses
    Upholding a liquidated damages clause that was a reasonable forecast of damages

  5. Fifty States v. Pioneer Auto

    46 N.Y.2d 573 (N.Y. 1979)   Cited 174 times   1 Legal Analyses
    Determining that "failing to tender payment of two monthly rental payments or even offering to cure the default" rendered the tenant in "willful breach of a material term of the lease"

  6. Delvecchio v. Bayside Chrysler Plymouth Jeep

    271 A.D.2d 636 (N.Y. App. Div. 2000)   Cited 81 times
    In Delvecchio, "the party must set forth a reasonable justification for the failure to present such facts in the prior motion."

  7. Frenchtown Square Partnership v. Lemstone, Inc.

    2003 Ohio 3648 (Ohio 2003)   Cited 49 times
    In Frenchtown Square Partnership v. Lemstone, Inc., 99 Ohio St.3d 254, 2003-Ohio-3648, the Supreme Court of Ohio concluded that a duty to mitigate applies to all leases, "barring contrary contract provisions."

  8. Gallery at Fulton Street, LLC v. Wendnew LLC

    30 A.D.3d 221 (N.Y. App. Div. 2006)   Cited 36 times

    8773, 8774. June 13, 2006. Judgment, Supreme Court, New York County (Leland DeGrasse, J.), entered April 19, 2005, awarding plaintiff the principal sum of $100,000, unanimously modified, on the law, the Special Referee's report confirmed with respect to his recommendation for an increased damage award of $514,039.97 for rent arrears from August 2001 through April 2004, and otherwise affirmed, without costs. Appeal from order, same court and Justice, entered March 22, 2005, which remitted the matter

  9. Ross Realty v. V a Fabricators

    42 A.D.3d 246 (N.Y. App. Div. 2007)   Cited 32 times
    In Ross Realty v. V & A Fabricators, Inc., 42 AD3d 246, 836 NYS2d 242 (2nd Dept 2007), the Second Department was faced with a lease clause very similar to the one in the case at bar.

  10. Ring v. Printmaking Workshop

    70 A.D.3d 480 (N.Y. App. Div. 2010)   Cited 28 times

    No. 2149. February 16, 2010. Order, Supreme Court, New York County (Ira Gammerman, J.H.O.), entered November 25, 2008, which, after a nonjury trial, directed entry of judgment dismissing the complaint, unanimously reversed, on the law, without costs, to direct the entry of judgment in favor of plaintiff's consistent herewith. Morrison Cohen LLP, New York (Ethan R. Holtz of counsel), for appellants. Polly Eustis, New York, for respondent. Before: Gonzalez, J.P., Saxe, Moskowitz, Abdus-Salaam and Román