32 Cited authorities

  1. In the Matter of Hunter

    4 N.Y.3d 260 (N.Y. 2005)   Cited 415 times
    In Matter of Hunter, 4 N.Y.3d 260 (2005), the Court of Appeals explained that "[u]nder the doctrine of res judicata, a party may not litigate a claim where a judgment on the merits exists from a prior action between the same parties involving the same subject matter.
  2. Holy Props. v. Cole Prods

    87 N.Y.2d 130 (N.Y. 1995)   Cited 195 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 196 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 309 times
    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 158 times   1 Legal Analyses
    Upholding rent acceleration clause because it "is nothing more than a bargained-for device which seeks to insure the performance of a material element of the obligation of the tenant and fixes the damages for its breach"
  6. Delvecchio v. Bayside Chrysler Plymouth Jeep

    271 A.D.2d 636 (N.Y. App. Div. 2000)   Cited 62 times

    Submitted March 9, 2000. April 24, 2000. In an action to recover damages, inter alia, for breach of an employment contract, the defendants Bayside Chrysler Plymouth Jeep Eagle, Inc., Northern Boulevard Dodge, Inc., Tri State Auto Mall, Inc., and John Zanetti appeal from (1) so much of an order of the Supreme Court, Queens County (Milano, J.), dated May 7, 1999, as granted those branches of the plaintiff's motion which were for summary judgment on the second cause of action asserted against Bayside

  7. Frenchtown Square Partnership v. Lemstone, Inc.

    2003 Ohio 3648 (Ohio 2003)   Cited 43 times
    In Frenchtown Square, the Ohio Supreme Court held that a landlord of a commercial premises has an implied duty to mitigate its damages when the tenant breaches the lease through abandonment.
  8. Gallery at Fulton Street, LLC v. Wendnew LLC

    30 A.D.3d 221 (N.Y. App. Div. 2006)   Cited 34 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 28 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 24 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

  11. Section 204 - Summary proceedings

    N.Y. City Civ. Ct. Act § 204   Cited 73 times

    The court shall have jurisdiction over summary proceedings to recover possession of real property located within the city of New York, to remove tenants therefrom, and to render judgment for rent due without regard to amount, and in such a proceeding after the court has determined that a warrant of eviction be issued, it shall not be necessary for the court to sign the warrant, but it may be signed by the clerk of said court. The court shall also have jurisdiction over special proceedings by tenants