Tappan Motel Management Corp. v. Greenberg

Appellate Division of the Supreme Court of New York

Tappan Motel Management Corp. v. Greenberg

51 A.D.2d 786, 379 N.Y.S.2d 487, 1976 N.Y. App. Div. LEXIS 11352

Appellate Division of the Supreme Court of the State of New York·Decided February 17, 1976·Published

Opinion

In an action inter alia to recover damages for breach of a convenant of quiet enjoyment, plaintiff appeals from an order of the Supreme Court, Rockland County, entered October 3, 1975, which denied its motion inter alia to direct defendants to submit to binding arbitration. Order affirmed, with $50 costs and disbursements jointly to respondents appearing separately and filing separate briefs. Under the circumstances, the subject agreement was clearly a sublease rather than an assignment. Consequently, Special Term properly denied the motion. Cohalan, Acting P. J., Margett, Damiani, Shapiro and Hawkins, JJ., concur.

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In an action inter alia to recover damages for breach of a convenant of quiet enjoyment, plaintiff appeals from an order of the Supreme Court, Rockland County, entered October 3, 1975, which denied its motion inter alia to direct defendants to submit to binding arbitration. Order affirmed, with $50 costs and disbursements jointly to respondents appearing separately and filing separate briefs. Under the circumstances, the subject agreement was clearly a sublease rather than an assignment. Consequently, Special Term properly denied the motion. Cohalan, Acting P. J., Margett, Damiani, Shapiro and Hawkins, JJ., concur.

Tappan Motel Management Corp. v. Greenberg, 51 A.D.2d 786, 379 N.Y.S.2d 487, 1976 N.Y. App. Div. LEXIS 11352 (N.Y. Ct. App. 1976).

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51 A.D.2d 786 (Tappan Motel Management Corp. v. Greenberg) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.