Crystal Run Newco, LLC v. United Pet Supply, Inc., 70 AD3d 1418 (4th Dept 2010)
This a commercial landlord-tenant case in which the appellate court reversed the trial court, and granted the landlord summary judgment with respect to its claim for past due rent. The court found that the landlord’s notice of default was sufficient to provide the predicate for the lawsuit.
Eklecco Newco, LLC v. Café Tu Tu Tango of Palisades, LLC, 18 Misc 3d 1126(A) (NY Sup Ct, 2008)
In this landlord-tenant case arising out of a shopping center lease, the Court awarded the landlord judgment on all claims, dismissed the tenant’s counterclaim and awarded the landlord damages based upon tenant’s breach of the lease.
Pyramid Walden Co. v. The Buffalo Unit, LLC, 48 AD3d 1089 (4th Dept 2008), affirming 2007 WL 7034890 (NY Sup 2007)
In this landlord-tenant case involving a shopping center lease, the appellate court affirmed the trial court’s award of summary judgment in the landlord’s favor. The court enforced the express terms of the lease, dismissed the tenant’s claims and defenses, and granted the landlord judgment for past due rent and attorneys’ fees.