American Jewish Theatre, Inc. v. Roundabout Theatre Co., Inc.

CourtNew York Supreme Court Appellate Division
Writing for the CourtBefore SULLIVAN
Citation203 A.D.2d 155,610 N.Y.S.2d 256
Decision Date21 April 1994
PartiesAMERICAN JEWISH THEATRE, INC., Plaintiff-Respondent, v. ROUNDABOUT THEATRE CO., INC., et al., Defendants-Appellants.

Page 256

610 N.Y.S.2d 256
203 A.D.2d 155
AMERICAN JEWISH THEATRE, INC., Plaintiff-Respondent,
v.
ROUNDABOUT THEATRE CO., INC., et al., Defendants-Appellants.
Supreme Court, Appellate Division,
First Department.
April 21, 1994.

Before SULLIVAN, J.P., and CARRO, WALLACH, KUPFERMAN and ROSS, JJ.

MEMORANDUM DECISION.

Order, Supreme Court, New York County (Shirley Fingerhood, J.), entered October 26, 1993 (on an August 19, 1993 decision), granting preliminary injunctive relief with a direction to proceed to arbitration, and order (same court and judge), entered October 12, 1993, clarifying the August 1993 decision on reargument, unanimously modified, on the law and the facts, to provide for termination to the injunctive remedy as of August 30, 1993, and we remand for further proceedings as indicated herein, and otherwise affirmed, without costs.

Defendant Roundabout Theatre Company is the prime tenant of the Susan Bloch Theatre, on West 26th Street in Manhattan. Defendant Haimes is Roundabout's producing director, and defendant Richard its general manager. In 1991 plaintiff entered into an agreement with Roundabout for the use of the theatre premises for a six-month period ending March 31, 1992. Roundabout was given the right to terminate the agreement for cause, upon notice and failure to cure. The agreement contained an option to renew for up to six additional months, if exercised in writing by February 1, 1992 and the first of each month thereafter. Plaintiff did pick up the option, and the parties agreed to extend through April 30, 1993, with an additional option available through August 30 of that year, provided the new option was exercised in writing by March 1st and the first of each month thereafter. The original agreement, which was incorporated by reference in the subsequent extension agreement, contained a broad arbitration clause for the resolution of all disputes.

When a rental dispute arose during the latest extension period, defendants notified plaintiff in July 1993 that because of plaintiff's breach, defendants would be re-occupying the premises seven days hence, and in any event, would not renew the agreement beyond August 30. Defendants forcibly entered, removed plaintiff's personal property, and commenced to change the door locks. Plaintiff then brought this action for [203 A.D.2d 156] injunctive and other relief. Defendants cross-moved to compel arbitration.

Page 257

Defendants took the position that the agreement was a...

To continue reading

Request your trial
25 practice notes
  • Am. Infertility of N.Y., P.C. v. Verizon N.Y. Inc., 159892/2015
    • United States
    • United States State Supreme Court (New York)
    • December 10, 2020
    ...Inc. v. Metro Outdoor, LLC , 137 A.D.3d 577, 578, 28 N.Y.S.3d 31 (1st Dep't 2016) ; American Jewish Theatre v. Roundabout Theatre Co. , 203 A.D.2d 155, 156, 610 N.Y.S.2d 256 (1st Dep't 1994). Defendant's showing of its status as a licensee thus would prevent plaintiffs from maintaining a cl......
  • Gasparo v. City of New York, No. 98-CV-3168 (ARR).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • May 28, 1998
    ...1998 WL 40199, at *2 (S.D.N.Y.1998) (unpublished opinion) (quoting American Jewish Theatre, Inc. v. Roundabout Theatre Co., Inc., 203 A.D.2d 155, 610 N.Y.S.2d 256 (1st Dept.1994)). As another New York state case points out, however, "[a]lthough a revocation clause may be relevant to th......
  • Dore v. Wormley, No. 05 Civ. 2443(BSJ).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • February 8, 2010
    ...in realty, it is "cancelable at will, and without cause." See Am. Jewish Theatre, Inc. v. Roundabout Theatre Co., Inc., 203 A.D.2d 155, 610 N.Y.S.2d 256, 257 (1994); Simmons v. Abbondandolo, 184 A.D.2d 878, 585 N.Y.S.2d 535, 536 To the extent that Plaintiff intends to claim that s......
  • Smith v. Cnty. of Nassau, 10-CV-4874 (MKB)
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • March 31, 2015
    ...to a tenant, subject to rights specifically reserved by the lessor." Am. Jewish Theatre, Inc. v. Roundabout Theatre Co., Inc., 610 N.Y.S.2d 256, 257 (App. Div. 1994). A license is "cancellable at will, and without cause." Id.Page 18Accordingly, licensees, as opposed to tenant......
  • Request a trial to view additional results
25 cases
  • Am. Infertility of N.Y., P.C. v. Verizon N.Y. Inc., 159892/2015
    • United States
    • United States State Supreme Court (New York)
    • December 10, 2020
    ...Inc. v. Metro Outdoor, LLC , 137 A.D.3d 577, 578, 28 N.Y.S.3d 31 (1st Dep't 2016) ; American Jewish Theatre v. Roundabout Theatre Co. , 203 A.D.2d 155, 156, 610 N.Y.S.2d 256 (1st Dep't 1994). Defendant's showing of its status as a licensee thus would prevent plaintiffs from maintaining a cl......
  • Gasparo v. City of New York, No. 98-CV-3168 (ARR).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • May 28, 1998
    ...1998 WL 40199, at *2 (S.D.N.Y.1998) (unpublished opinion) (quoting American Jewish Theatre, Inc. v. Roundabout Theatre Co., Inc., 203 A.D.2d 155, 610 N.Y.S.2d 256 (1st Dept.1994)). As another New York state case points out, however, "[a]lthough a revocation clause may be relevant to th......
  • Dore v. Wormley, No. 05 Civ. 2443(BSJ).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • February 8, 2010
    ...in realty, it is "cancelable at will, and without cause." See Am. Jewish Theatre, Inc. v. Roundabout Theatre Co., Inc., 203 A.D.2d 155, 610 N.Y.S.2d 256, 257 (1994); Simmons v. Abbondandolo, 184 A.D.2d 878, 585 N.Y.S.2d 535, 536 To the extent that Plaintiff intends to claim that s......
  • Smith v. Cnty. of Nassau, 10-CV-4874 (MKB)
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • March 31, 2015
    ...to a tenant, subject to rights specifically reserved by the lessor." Am. Jewish Theatre, Inc. v. Roundabout Theatre Co., Inc., 610 N.Y.S.2d 256, 257 (App. Div. 1994). A license is "cancellable at will, and without cause." Id.Page 18Accordingly, licensees, as opposed to tenant......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT