Rainbow Salads, Inc. v. Central Buffalo Project Corp.

Appellate Division of the Supreme Court of New York

Rainbow Salads, Inc. v. Central Buffalo Project Corp.

140 A.D.2d 945, 530 N.Y.S.2d 508, 1988 N.Y. App. Div. LEXIS 5770

Appellate Division of the Supreme Court of the State of New York·Decided May 27, 1988·No. Appeal No. 2·Published

Opinion

Memorandum: Special Term properly granted defendant’s motion for summary judgment. Defendant’s proposed expansion of the Greenhouse Food Court was permitted by the clear and unambiguous terms of the lease agreements. Contrary to plaintiff’s contentions, there is nothing in the record which indicates that Special Term considered parol evidence in its resolution of the motion before it. Moreover, there is no merit to plaintiffs’ claim that defendant’s authority to expand or make changes in the Greenhouse area was restricted by the configuration of the area as shown in exhibit B annexed to the lease agreements. (Appeal from order of Supreme Court, Erie County, Joslin, J. —preliminary injunction.) Present — Doerr, J. P., Green, Law-ton and Davis, JJ.

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Memorandum: Special Term properly granted defendant’s motion for summary judgment. Defendant’s proposed expansion of the Greenhouse Food Court was permitted by the clear and unambiguous terms of the lease agreements. Contrary to plaintiff’s contentions, there is nothing in the record which indicates that Special Term considered parol evidence in its resolution of the motion before it. Moreover, there is no merit to plaintiffs’ claim that defendant’s authority to expand or make changes in the Greenhouse area was restricted by the configuration of the area as shown in exhibit B annexed to the lease agreements. (Appeal from order of Supreme Court, Erie County, Joslin, J. —preliminary injunction.) Present — Doerr, J. P., Green, Law-ton and Davis, JJ.

Rainbow Salads, Inc. v. Central Buffalo Project Corp., 140 A.D.2d 945, 530 N.Y.S.2d 508, 1988 N.Y. App. Div. LEXIS 5770 (N.Y. Ct. App. 1988).

Pincite

140 A.D.2d 945 (Rainbow Salads, Inc. v. Central Buffalo Project Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.