Times Square Associates v. Levine

Appellate Division of the Supreme Court of New York

Times Square Associates v. Levine

40 A.D.2d 647, 336 N.Y.S.2d 891, 1972 N.Y. App. Div. LEXIS 3745

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

DecidedOctober 17, 1972

StatusPublished

This text of 40 A.D.2d 647 (Times Square Associates v. Levine) 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

Times Square Associates v. Levine, 40 A.D.2d 647, 336 N.Y.S.2d 891, 1972 N.Y. App. Div. LEXIS 3745 (N.Y. Ct. App. 1972).

Pincite

Opinion

Order, Supreme Court, New York County, entered on March 7, 1972, unanimously reversed, on the law, and the motion for summary judgment is granted in favor of plaintiff, to the extent of remanding with a direction that there be an assessment of damages in order to determine with mathematical certainty the exact sum due plaintiff in accordance with the provisions of the lease between the parties. This direction is in order because the defendants’ defense of accord and satisfaction is transparently a sham, and since the plaintiff’s entitlement to a sum of money is clear; the only remaining dispute is how much. Appellant shall recover of-respondents $60 costs and disbursements of this appeal. Concur—McGivern, J. P., Markewich, Kupferman, Steuer and Macken, JJ.

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Order, Supreme Court, New York County, entered on March 7, 1972, unanimously reversed, on the law, and the motion for summary judgment is granted in favor of plaintiff, to the extent of remanding with a direction that there be an assessment of damages in order to determine with mathematical certainty the exact sum due plaintiff in accordance with the provisions of the lease between the parties. This direction is in order because the defendants’ defense of accord and satisfaction is transparently a sham, and since the plaintiff’s entitlement to a sum of money is clear; the only remaining dispute is how much. Appellant shall recover of-respondents $60 costs and disbursements of this appeal. Concur—McGivern, J. P., Markewich, Kupferman, Steuer and Macken, JJ.

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Bluebook (online)

40 A.D.2d 647, 336 N.Y.S.2d 891, 1972 N.Y. App. Div. LEXIS 3745, Counsel Stack Legal Research, https://law.counselstack.com/opinion/times-square-associates-v-levine-nyappdiv-1972.