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

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

DecidedMay 27, 1988

DocketAppeal No. 2

StatusPublished

This text of 140 A.D.2d 945 (Rainbow Salads, Inc. v. Central Buffalo Project 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.

Bluebook

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

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.

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Bluebook (online)

140 A.D.2d 945, 530 N.Y.S.2d 508, 1988 N.Y. App. Div. LEXIS 5770, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rainbow-salads-inc-v-central-buffalo-project-corp-nyappdiv-1988.