Red Raven Grill, Inc. v. West 45th Street Associates

Appellate Division of the Supreme Court of New York

Red Raven Grill, Inc. v. West 45th Street Associates

37 A.D.2d 702, 322 N.Y.S.2d 897, 1971 N.Y. App. Div. LEXIS 3581

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

DecidedJuly 1, 1971

StatusPublished

This text of 37 A.D.2d 702 (Red Raven Grill, Inc. v. West 45th Street Associates) 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

Red Raven Grill, Inc. v. West 45th Street Associates, 37 A.D.2d 702, 322 N.Y.S.2d 897, 1971 N.Y. App. Div. LEXIS 3581 (N.Y. Ct. App. 1971).

Pincite

Opinion

Order, Supreme Court, New York County, entered May 20, 1971, [703]*703unanimously modified, on the law and the facts and in the exercise of discretion, to direct plaintiff-respondent to file a note of issue for the opening day of the September 1971 Term, paying the necessary fee therefor, and to direct the parties to complete pretrial procedures in advance of that day, and, conditioned upon the filing, within 20 days after service upon plaintiff-respondent by defendant-appellant of a copy of the order entered hereon, by plaintiff-respondent of an undertaking in the increased amount of $25,000, otherwise affirmed, without costs and without disbursements. The statement of readiness is dispensed with. The preliminary injunction may stand if the bond is increased from the present patently inadequate amount. Potential harm to defendant-appellant landlord is measurable in dollars should it be determined that plaintiff’s lease was not renewed; that to plaintiff tenant may well be irreparable in that ouster from the premises will result in the irretrievable loss of its restaurant business. An early trial is obviously necessary in these circumstances. Concur — Markewich, J. P., Nunez, Steuer and Tilzer, JJ.

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Order, Supreme Court, New York County, entered May 20, 1971, [703]*703unanimously modified, on the law and the facts and in the exercise of discretion, to direct plaintiff-respondent to file a note of issue for the opening day of the September 1971 Term, paying the necessary fee therefor, and to direct the parties to complete pretrial procedures in advance of that day, and, conditioned upon the filing, within 20 days after service upon plaintiff-respondent by defendant-appellant of a copy of the order entered hereon, by plaintiff-respondent of an undertaking in the increased amount of $25,000, otherwise affirmed, without costs and without disbursements. The statement of readiness is dispensed with. The preliminary injunction may stand if the bond is increased from the present patently inadequate amount. Potential harm to defendant-appellant landlord is measurable in dollars should it be determined that plaintiff’s lease was not renewed; that to plaintiff tenant may well be irreparable in that ouster from the premises will result in the irretrievable loss of its restaurant business. An early trial is obviously necessary in these circumstances. Concur — Markewich, J. P., Nunez, Steuer and Tilzer, JJ.

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Bluebook (online)

37 A.D.2d 702, 322 N.Y.S.2d 897, 1971 N.Y. App. Div. LEXIS 3581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/red-raven-grill-inc-v-west-45th-street-associates-nyappdiv-1971.