Francar Co. v. Eileen & Larry Austin Real Estate Corp.en

Appellate Division of the Supreme Court of New York

Francar Co. v. Eileen & Larry Austin Real Estate Corp.en

261 A.D.2d 574, 688 N.Y.S.2d 921, 1999 N.Y. App. Div. LEXIS 5700

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

DecidedMay 24, 1999

StatusPublished

This text of 261 A.D.2d 574 (Francar Co. v. Eileen & Larry Austin Real Estate Corp.en) 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

Francar Co. v. Eileen & Larry Austin Real Estate Corp.en, 261 A.D.2d 574, 688 N.Y.S.2d 921, 1999 N.Y. App. Div. LEXIS 5700 (N.Y. Ct. App. 1999).

Pincite

Opinion

—In an action to recover damages for breach of a lease, the plaintiff appeals from an order of the Supreme Court, Nassau County (O’Connell, J.), entered May 18, 1998, which granted the motion of the defendant Austin Travel Corp. for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed, with costs.

The lease names only the defendant Eileen and Larry Austin Real Estate Corp. as the tenant. The defendant Austin Travel Corp. thus made out a prima facie case that it was not a tenant and that it therefore bore no liability for damages resulting from a breach of the lease. The evidence which the plaintiff submitted in opposition to the motion failed to raise a triable issue of fact (see, CPLR 3212 [b]). O’Brien, J. P., Ritter, Joy, Altman and Smith, JJ., concur.

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—In an action to recover damages for breach of a lease, the plaintiff appeals from an order of the Supreme Court, Nassau County (O’Connell, J.), entered May 18, 1998, which granted the motion of the defendant Austin Travel Corp. for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed, with costs.

The lease names only the defendant Eileen and Larry Austin Real Estate Corp. as the tenant. The defendant Austin Travel Corp. thus made out a prima facie case that it was not a tenant and that it therefore bore no liability for damages resulting from a breach of the lease. The evidence which the plaintiff submitted in opposition to the motion failed to raise a triable issue of fact (see, CPLR 3212 [b]). O’Brien, J. P., Ritter, Joy, Altman and Smith, JJ., concur.

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Bluebook (online)

261 A.D.2d 574, 688 N.Y.S.2d 921, 1999 N.Y. App. Div. LEXIS 5700, Counsel Stack Legal Research, https://law.counselstack.com/opinion/francar-co-v-eileen-larry-austin-real-estate-corpen-nyappdiv-1999.