75 Jobs Lane Rest. Corp. v. Arnold

Appellate Division of the Supreme Court of New York

75 Jobs Lane Rest. Corp. v. Arnold

74 A.D.2d 623, 425 N.Y.S.2d 33, 1980 N.Y. App. Div. LEXIS 10279

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 19, 1980

StatusPublished

Cited by1 cases

This text of 74 A.D.2d 623 (75 Jobs Lane Rest. Corp. v. Arnold) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

75 Jobs Lane Rest. Corp. v. Arnold, 74 A.D.2d 623, 425 N.Y.S.2d 33, 1980 N.Y. App. Div. LEXIS 10279 (N.Y. Ct. App. 1980).

Pincite

Opinion

In an action for specific performance of an option to purchase real property, plaintiff appeals from an order of the Supreme Court, Suffolk County, dated August 20, 1979, which denied its motion for summary judgment. Order affirmed, without costs or disbursements. The record demonstrates the existence of at least one triable issue of fact, the intent of the parties in providing, in the option clause, that the plaintiff tenant shall have an option to purchase the demised premises, "provided that the Tenant shall then not be in default,” thus precluding the grant of summary judgment to either party. (See Three Star Offset Print, v Daniels, 58 AD2d 862.) Mollen, P. J., Hopkins, Gibbons and Martuscello, JJ., concur.

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In an action for specific performance of an option to purchase real property, plaintiff appeals from an order of the Supreme Court, Suffolk County, dated August 20, 1979, which denied its motion for summary judgment. Order affirmed, without costs or disbursements. The record demonstrates the existence of at least one triable issue of fact, the intent of the parties in providing, in the option clause, that the plaintiff tenant shall have an option to purchase the demised premises, "provided that the Tenant shall then not be in default,” thus precluding the grant of summary judgment to either party. (See Three Star Offset Print, v Daniels, 58 AD2d 862.) Mollen, P. J., Hopkins, Gibbons and Martuscello, JJ., concur.

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Bluebook (online)

74 A.D.2d 623, 425 N.Y.S.2d 33, 1980 N.Y. App. Div. LEXIS 10279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/75-jobs-lane-rest-corp-v-arnold-nyappdiv-1980.

Opinion

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