§Why CasetextPricing

Eujoy Realty Corp., Respondent,v.Van Wagner Communications, LLC, Appellant.

Brief

28 Cited authorities

  1. Reiss v. Financial Performance Corporation

    97 N.Y.2d 195 (N.Y. 2001)   Cited 374 times
    Holding courts "may not by construction add or excise terms, nor distort the meaning of those used and thereby make a new contract for the parties under the guise of interpreting the writing."

  2. Rose v. Spa Realty Associates

    42 N.Y.2d 338 (N.Y. 1977)   Cited 506 times
    Holding that "conduct relied upon to establish estoppel must not be otherwise compatible" with an explanation other than the alleged new contractual modification

  3. 219 Broadway v. Alexander's

    46 N.Y.2d 506 (N.Y. 1979)   Cited 458 times
    In 219 Broadway Corp. v Alexander's, Inc. (46 NY2d 506), the Court of Appeals affirmed a CPLR 3211 (a) (7) dismissal of a complaint which sought enforcement of a fully-executed lease.

  4. Jefpaul v. Presbyterian Hosp

    61 N.Y.2d 442 (N.Y. 1984)   Cited 289 times
    Finding that waiver could "certainly not" be inferred as a matter of law when a lease contained a no-waiver clause

  5. Lumbermens Mutual Cas. Co. v. Morse Shoe Co.

    218 A.D.2d 624 (N.Y. App. Div. 1995)   Cited 136 times
    Noting that state courts retain the power to determine the effect of a discharge in bankruptcy where a tort claimant seeks to proceed against a discharged debtor only for the purpose of recovering against an insurer

  6. Excel Graphics Technologies, Inc. v. CFG/AGSCB 75 Ninth Avenue

    1 A.D.3d 65 (N.Y. App. Div. 2003)   Cited 106 times
    In Excel Graphics Tech v CFG/AGSCB 75 Ninth Ave, 1 AD3d 65 (1st Dept 2003), the appellate division unanimously reversed the trial court's grant to tenant Excel Graphics of a Yellowstone injunction that tolled the time to cure a violation of subletting without landlord's consent and dismissed the tenant's declaratory judgment action, finding no waiver on the part of the landlord.

  7. Madison Avenue Leasehold, LLC v. Madison Bentley Associates LLC

    2006 N.Y. Slip Op. 9502 (N.Y. 2006)   Cited 88 times
    Stating the parol evidence rule

  8. Joseph P. Day Realty v. Jeffrey Lawrence

    270 A.D.2d 140 (N.Y. App. Div. 2000)   Cited 43 times
    Granting summary judgment where tenant undisputably left premises before expiration of lease term and this conduct was susceptible of more than one reasonable explanation

  9. Geraci v. Jenrette

    41 N.Y.2d 660 (N.Y. 1977)   Cited 43 times
    In Geraci v Jenrette (41 N.Y.2d 660, supra), this court held that a lease is a contract within the meaning of subdivision 2 of this section, and is therefore void unless signed by the person against whom enforcement is sought.

  10. Renali Realty Group 3 v. Robbins MBW Corp.

    259 A.D.2d 682 (N.Y. App. Div. 1999)   Cited 9 times

    March 22, 1999 Appeal from the Supreme Court, Westchester County (Silverman, J.). Ordered that the order is affirmed, with costs. In 1986 the defendant's predecessor-in-interest rented commercial space from the plaintiff's predecessor-in-interest. The lease provided that the premises could be subleased only with the written consent of the landlord and upon the satisfaction of certain conditions. Paragraph 23 of the lease further provided, inter alia, that upon the tenant's eviction pursuant to a