Ted's Jumbo Red Hots, Inc. v. Benderson Development Co.

Appellate Division of the Supreme Court of New York

Ted's Jumbo Red Hots, Inc. v. Benderson Development Co.

216 A.D.2d 939, 628 N.Y.S.2d 893, 1995 N.Y. App. Div. LEXIS 7275

Appellate Division of the Supreme Court of the State of New York·Decided June 9, 1995·Published

Opinion

Order and judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: In this action seeking a preliminary injunction and a declaratory judgment, we conclude that the record supports the court’s declaration that plaintiff is not entitled to renew its lease with defendant. Because the complaint seeks, inter alia, a declaratory judgment, the court erred in granting in its entirety the cross motion of defendant seeking dismissal of the complaint (see, Tumminello v Tumminello, 204 AD2d 1067). We modify the order and judgment on appeal, therefore, by granting in part the cross motion of defendant and by reinstating that part of the complaint seeking a declaratory judgment. (Appeal from Order and Judgment of Supreme Court, Erie County, Doyle, J.—Declaratory Judgment.) Present—Pine, J. P., Lawton, Callahan, Davis and Boehm, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order and judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: In this action seeking a preliminary injunction and a declaratory judgment, we conclude that the record supports the court’s declaration that plaintiff is not entitled to renew its lease with defendant. Because the complaint seeks, inter alia, a declaratory judgment, the court erred in granting in its entirety the cross motion of defendant seeking dismissal of the complaint (see, Tumminello v Tumminello, 204 AD2d 1067). We modify the order and judgment on appeal, therefore, by granting in part the cross motion of defendant and by reinstating that part of the complaint seeking a declaratory judgment. (Appeal from Order and Judgment of Supreme Court, Erie County, Doyle, J.—Declaratory Judgment.) Present—Pine, J. P., Lawton, Callahan, Davis and Boehm, JJ.

Ted's Jumbo Red Hots, Inc. v. Benderson Development Co., 216 A.D.2d 939, 628 N.Y.S.2d 893, 1995 N.Y. App. Div. LEXIS 7275 (N.Y. Ct. App. 1995).

Pincite

216 A.D.2d 939 (Ted's Jumbo Red Hots, Inc. v. Benderson Development Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related