Century Federal Savings & Loan Ass'n v. Net Realty Holding Trust

Appellate Division of the Supreme Court of New York

Century Federal Savings & Loan Ass'n v. Net Realty Holding Trust

87 A.D.2d 858, 449 N.Y.S.2d 293, 1982 N.Y. App. Div. LEXIS 16339

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

DecidedApril 19, 1982

StatusPublished

Cited by5 cases

This text of 87 A.D.2d 858 (Century Federal Savings & Loan Ass'n v. Net Realty Holding Trust) 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

Century Federal Savings & Loan Ass'n v. Net Realty Holding Trust, 87 A.D.2d 858, 449 N.Y.S.2d 293, 1982 N.Y. App. Div. LEXIS 16339 (N.Y. Ct. App. 1982).

Pincite

Opinion

In an action to reform a lease and to declare the rental escalation clause of that lease unconscionable, defendant appeals from an order of the Supreme Court, Nassau County (Murphy, J.), dated March 13,1981, which denied its motion to dismiss plaintiff’s complaint. Order affirmed, with $50 costs and disbursements. While we agree with Special Term that defendant’s motion to dismiss plaintiff’s complaint should be denied, the issue of whether defendant should be equitably estopped from asserting the Statute of Limitations as an affirmative defense to plaintiff’s complaint is not a question of law, but rather a question of fact, which should be fully developed and determined upon the trial of the action. Titone, J. P., Lazer, Niehoff and Rubin, JJ., concur.

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In an action to reform a lease and to declare the rental escalation clause of that lease unconscionable, defendant appeals from an order of the Supreme Court, Nassau County (Murphy, J.), dated March 13,1981, which denied its motion to dismiss plaintiff’s complaint. Order affirmed, with $50 costs and disbursements. While we agree with Special Term that defendant’s motion to dismiss plaintiff’s complaint should be denied, the issue of whether defendant should be equitably estopped from asserting the Statute of Limitations as an affirmative defense to plaintiff’s complaint is not a question of law, but rather a question of fact, which should be fully developed and determined upon the trial of the action. Titone, J. P., Lazer, Niehoff and Rubin, JJ., concur.

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Bluebook (online)

87 A.D.2d 858, 449 N.Y.S.2d 293, 1982 N.Y. App. Div. LEXIS 16339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/century-federal-savings-loan-assn-v-net-realty-holding-trust-nyappdiv-1982.

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