Leegar Realty Corp. v. Electromatic Manufacturing Corp.

Appellate Division of the Supreme Court of New York

Leegar Realty Corp. v. Electromatic Manufacturing Corp.

272 A.D.2d 1069

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

DecidedNovember 17, 1947

StatusPublished

This text of 272 A.D.2d 1069 (Leegar Realty Corp. v. Electromatic Manufacturing Corp.) 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.

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Leegar Realty Corp. v. Electromatic Manufacturing Corp., 272 A.D.2d 1069 (N.Y. Ct. App. 1947).

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Opinion

Order denying appellants’ motion to dismiss the first and fourth causes of action affirmed, with $10 costs and disbursements. Upon receipt of the tenant’s notice of election to exercise the option of purchase granted by the lease, the landlord was bound to convey in compliance with that option agreement; and the tenant thereafter had the right to assign its rights thereunder without the landlord’s consent. (Personal Property Law, § 41; Bullock v. Cutting, 155 App. Div. 825, 829; Cochran v. Taylor, 273 N. Y. 172, 182; Rosenthal P.. Co. v. Nat. Holding B. é P. Co., 226 N. Y. 313, 325; Epstein v. Gluckin, 233 N. Y. 490, 492-493.) Hagarty, Acting P. J., Carswell, Johnston, Adel and Sneed, JJ., concur. [See 273 App. Div. 773.]

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Order denying appellants’ motion to dismiss the first and fourth causes of action affirmed, with $10 costs and disbursements. Upon receipt of the tenant’s notice of election to exercise the option of purchase granted by the lease, the landlord was bound to convey in compliance with that option agreement; and the tenant thereafter had the right to assign its rights thereunder without the landlord’s consent. (Personal Property Law, § 41; Bullock v. Cutting, 155 App. Div. 825, 829; Cochran v. Taylor, 273 N. Y. 172, 182; Rosenthal P.. Co. v. Nat. Holding B. é P. Co., 226 N. Y. 313, 325; Epstein v. Gluckin, 233 N. Y. 490, 492-493.) Hagarty, Acting P. J., Carswell, Johnston, Adel and Sneed, JJ., concur. [See 273 App. Div. 773.]

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272 A.D.2d 1069, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leegar-realty-corp-v-electromatic-manufacturing-corp-nyappdiv-1947.

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