Martek Investors, Inc. v. Morris Smith Carting Co.

Appellate Division of the Supreme Court of New York

Martek Investors, Inc. v. Morris Smith Carting Co.

99 A.D.2d 668, 472 N.Y.S.2d 70, 1984 N.Y. App. Div. LEXIS 16930

Appellate Division of the Supreme Court of the State of New York·Decided January 27, 1984·Published

Opinion

Order unanimously affirmed, without costs. Memorandum: There are factual questions pertaining to whether the business of the proposed assignee was such that under paragraph 10 of the lease the lessor could properly withhold its consent to the assignment. Summary judgment was, therefore, properly denied to each party (CPLR 3212, subd [b]). The lessee’s notice of termination in the letter of December 6,1982 (assuming the lessee is ultimately found to have the right to terminate under paragraph 10) was, we hold, timely served. The lessor has demonstrated no right to a preliminary injunction and that motion was properly denied (see Niagara Recycling v Town of Niagara, 83 AD2d 316, 324). (Appeals from order of Supreme Court, Monroe County, Pine, J. — summary judgment.) Present — Dillon, P. J., Hancock, Jr., Green, O’Donnell and Schnepp, JJ.

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Order unanimously affirmed, without costs. Memorandum: There are factual questions pertaining to whether the business of the proposed assignee was such that under paragraph 10 of the lease the lessor could properly withhold its consent to the assignment. Summary judgment was, therefore, properly denied to each party (CPLR 3212, subd [b]). The lessee’s notice of termination in the letter of December 6,1982 (assuming the lessee is ultimately found to have the right to terminate under paragraph 10) was, we hold, timely served. The lessor has demonstrated no right to a preliminary injunction and that motion was properly denied (see Niagara Recycling v Town of Niagara, 83 AD2d 316, 324). (Appeals from order of Supreme Court, Monroe County, Pine, J. — summary judgment.) Present — Dillon, P. J., Hancock, Jr., Green, O’Donnell and Schnepp, JJ.

Martek Investors, Inc. v. Morris Smith Carting Co., 99 A.D.2d 668, 472 N.Y.S.2d 70, 1984 N.Y. App. Div. LEXIS 16930 (N.Y. Ct. App. 1984).

Pincite

99 A.D.2d 668 (Martek Investors, Inc. v. Morris Smith Carting Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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