§Why CasetextPricing

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

Brief

25 Cited authorities

  1. 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

  2. 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.

  3. 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

  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. Anostario v. Vicinanzo

    59 N.Y.2d 662 (N.Y. 1983)   Cited 244 times
    Holding that steps undertaken which contemplated future agreement do not qualify as partial performance

  6. 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

  7. 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

  8. Holt v. Feigenbaum

    52 N.Y.2d 291 (N.Y. 1981)   Cited 53 times
    Holding that a written promise to indemnify co-shareholders against disproportionate loss was supported by legally sufficient consideration and therefore was enforceable

  9. J R Landscaping v. Damianos

    1 A.D.3d 563 (N.Y. App. Div. 2003)   Cited 13 times
    Finding full performance of oral modification to extend time period where both parties actively continued to seek removal of covenants well after period specified in contract

  10. Imperator Realty Co. v. Tull

    228 N.Y. 447 (N.Y. 1920)   Cited 123 times
    In Imperator Realty Co. v. Tull (supra) defendant and plaintiff signed an integrated contract for the exchange of real estate and at the same time made a contemporaneous oral agreement that should there appear any violation of a municipal ordinance on the closing date, they could be cleared up by deposit of sufficient moneys with the title insurance company.