Jefpaul v. Presbyterian Hosp

5 Citing briefs

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

    Brief

    Filed October 8, 2013

    Respondent failed to note that in Jejpaul, while holding for the landlord, this Court observed that whether or not a landlord's acceptance of rent with knowledge of a default constitutes a waiver is 12 262236 often a question of fact. 61 N.Y.2d at 448. In this case the questions of fact abound (See Schaps and Springer affidavits, R66-70; R84-85).

  2. Axginc Corporation v. Plaza Automall, Ltd.

    REPLY in Support re MOTION for Summary Judgment

    Filed January 24, 2017

    in N.Y., 61 N.Y.2d 442 (1984) for the boilerplate notion that “intent to waive…is an issue of fact,” (Opposition Memorandum p. 44), but in Jefpaul Garage Corp., the Court of Appeals looked to the non-waiver provision in the lease, found that it was clear and unambiguous, and that a waiver was precluded. 61 N.Y.2d at 445 (emphasis added). Here, however, the parties’ intention not to modify the rent, and for AXGINC to have the benefit of non-waiver provision, is clearly expressed in Article 13(7)(I): …No payment by [Plaza] or acceptance by [AXGINC] of a lesser amount than shall be due from [Plaza] to [AXGINC] hereunder shall be deemed to be anything but payment on account, and the acceptance by [AXGINC] of such a lesser amount whether by check with an endorsement or statement thereon, or by an accompanying letter or otherwise that said lesser amount is paying in full shall not be deemed an accord and satisfaction, and [AXGINC] may accept such payment without prejudice to [AXGINC’s] rights to recover the balance due or pursue any of [AXGINC’s] other remedies hereunder.

  3. 230 Park Avenue Holdco, LLC, Appellant,v.Kurzman Karelsen & Frank, LLP, et al., Respondents.

    Brief

    Filed March 22, 2016

    As the Court has held: "A waiver is the voluntary abandonment or relinquishment of a known right" Jefpaul Garage Corp. v. Presbyterian Hosp. in City of N.Y., 61 N.Y.2d 442, 446 (1984). In the Stipulation, the Landlord expressly reserved all of its rights and remedies.

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

    Brief

    Filed October 8, 2013

    Inc., 159 Misc. 804 (App. Tr., 1 st Dep't 1936) ....................................................................................... 19 Hampton v. F1esser, 133 Misc. 705, 706 (App. Tr., 1 st Dep't 1929) .................. 25 Intell157 West 5ih Street Realty, LLC v. Block, 2002 WL 243391 (App. Tr., 1st Dep't 2002) .................................................................... 19 J.C. Penney Company. Inc. v. 1700 Broadway Company, 104 Misc.2d 787 (Sp. Ct., NY Co. 1980) ....................................................................... 22 Jefuau1 Garage Corp. v. Presbyterian Hospital in City of New York, 61 N.Y.2d 442 (1984) ................................................................... 30,31 iii Joseph P. Day Realty Com. v. Jeffrey Lawrence Associates, Inc. 270 A.D.2d 140 (l51 Dep't 2000) .................................................... 36,37,38 Kahn v. Simons, 25 Misc. 737 (App. Tr., 1st Dept 1899) .............................. .19 Lumbermens Mut.

  5. Godson v. Eltman, Eltman & Cooper, P.C. et al

    MOTION to Strike 9 Answer to Complaint Affirmative Defense 3, 4, 5, 6, 7, 9, 11, 12, 13 and 14 thereof

    Filed January 3, 2012

    See Beth Israel Med. Ctr. v. Horizon Blue Cross and Blue Shield of New Jersey, Inc., 448 F.3d 573, 585 (2d Cir. 2006) (waiver is “voluntary abandonment or relinquishment of a known [contract] right which, but for the waiver, would have been enforceable.”) (citing Jefpaul Garage Corp. v. Presbyterian Hosp., 462 N.E.2d 1176 (N.Y. 1984)); In re Antonia E., 838 N.Y.S.2d 872, 877-78 (N.Y. Fam. Ct. 2007) (same, citing cases); Black’s Law Dictionary at 1574.