New Atlantic Garden, Inc. v. Atlantic Garden Realty Corp.
| Decision Date | 27 December 1923 |
| Parties | NEW ATLANTIC GARDEN, Inc., Appellant, v. ATLANTIC GARDEN REALTY CORPORATION, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from a judgment of the Appellate Division of the Supreme Court in the First Judicial Department (201 App. Div. 404,194 N. Y. Supp. 34), entered January 25, 1923, modifying, and affirming, as modified, a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The action was to compel specific performance of a provision in a lease requiring notice to the tenant of a proposed sale of the premises and giving to it an option to purchase upon the proposed terms and conditions. The Appellate Division modified a judgment for plaintiff by striking from the decree the provisions thereof requiring the defendant to specifically perform its contract and to convey said premises upon the terms and as provided in said decree, and affirmed the said judgment to the extent of restraining the defendant from making any sale of the premises demised to the plaintiff until the defendant shall have first given the plaintiff a notice of the substance of the terms of the contemplated sale of said premises and according to the plaintiff the first right to purchase the same pursuant to the provisions of the forty-eighth paragraph of the lease.
See, also, 236 N. Y. 641, 142 N. E. 316.
Samuel Seabury, George Trosk, and Hobart S. Bird, all of New York City, for appellant.
Samuel Levy and Reuben Rodecker, both of New York City, for respondent.
Judgment affirmed, with costs.
To continue reading
Request your trial
-
Gyurkey v. Babler
... ... real estate broker and owner of Bitteroot Realty. Curran prepared, at the direction of Gyurkey, ... H. Leavell & Co. v. Grafe & Assoc., Inc., 90 Idaho 502, 414 P.2d 873 (1966). The same ... D.2d 579, 349 N.Y.S.2d 751 (1973); New Atlantic Garden v. Atlantic Garden Realty, 201 A.D. 404, ... See also Weber Meadow-View Corp. v. Wilde, 575 P.2d 1053, 1055 (Utah 1978) where ... ...
-
American Broadcasting Companies, Inc. v. Wolf
...161 N.Y.S.2d 418, 141 N.E.2d 812; New Atlantic Garden, Inc. v. Atlantic Garden Realty Corp., 201 App.Div. 404, 194 N.Y.S. 34, aff'd 237 N.Y. 540, 143 N.E. 734; Sargent v. Halsey, 42 A.D.2d 375, 348 N.Y.S.2d 160; Costello v. Hoffman, 30 A.D.2d 530, 291 N.Y.S.2d 116; Cowles v. Cowles Realty C......
-
N.Y. Tile Wholesale Corp. v. Thomas Fatato Realty Corp.
...A.D.2d 962, 962 [1956],affd2 N.Y.2d 919 [1957];New Atl. Garden, Inc. v. Atlantic Garden Realty Corp., 201 App.Div. 404, 411–412 [1922],affd237 N.Y. 540 [1923] ). Plaintiff also would not be able to compel conveyance of the entire property, of which the leased premises are but a part, upon t......
-
Myers v. Lovetinsky
...67 N.J.Super. 348, 170 A.2d 488; New Atlantic Garden v. Atlantic Garden Realty Corp., 201 App.Div. 404, 194 N.Y.S. 34, aff'd mem., 237 N.Y. 540, 143 N.E. 734; Sautkulis v. Conklin, 1 A.D.2d 962, 150 N.Y.S.2d 356, aff'd mem., 2 N.Y.2d 919, 161 N.Y.S.2d 885, 141 N.E.2d 916; Atlantic Refining ......