Toth v. Carver Street Associates
Decision Date | 22 March 1993 |
Citation | 191 A.D.2d 631,595 N.Y.S.2d 236 |
Parties | John TOTH, Respondent, v. CARVER STREET ASSOCIATES, Appellant. |
Court | New York Supreme Court — Appellate Division |
Neufeld & O'Leary, New York City (David S.J. Neufeld, Denis P. O'Leary, and Douglas S. Trokie, of counsel), for appellant.
Dollinger Gonski Grossman Permut & Hirschhom, Carle Place (Alan Hirschhorn and Michael J. Spithogiannis, of counsel), for respondent.
Before THOMPSON, J.P., and SULLIVAN, O'BRIEN and COPERTINO, JJ.
MEMORANDUM BY THE COURT.
In an action for specific performance of an option to purchase real property, the defendant appeals, as limited by its brief, from (1) so much of a "short form" order of the Supreme Court, Suffolk County (Underwood, J.), dated November 29, 1990, as denied its motion for summary judgment dismissing the complaint, and for summary judgment on its counterclaims, and (2) so much of a resettled order of the same court, dated February 11, 1991, as denied the same relief.
ORDERED that the appellant is awarded one bill of costs.
The plaintiff operated a business at the defendant's premises under a long-term sublease. On July 6, 1984, the defendant offered the plaintiff a written option to purchase the premises upon specified terms. The option was to expire on July 31, 1984. The plaintiff testified at his deposition that he instructed his attorney to exercise the option on July 30, 1984,...
To continue reading
Request your trial-
Shants Inc. v. Capital One N.A.
...Fleet Credit Corp. v. Harvey Hutter & Co., Inc., 207 A.D.2d 380, 615 N.Y.S.2d 702 (2d Dept.1994); Toth v. Carver Street Associates, 191 A.D.2d 631, 595 N.Y.S.2d 236 (2d Dept.1993). On such a motion the court must draw all reasonable inferences in favor of the nonmoving party. Nicklas v. Ted......
-
Petion v. Uwechue, 2010 NY Slip Op 30576(U) (N.Y. Sup. Ct. 3/15/2010)
...must be evidentiary proof in support of the allegations. Fleet Credit Corp. v Harvey Hutter & Co., Inc., 207 A.D.2d 380; Toth v Carver Street Associates, 191 A.D.2d 631. If a party defends a motion by resort to CPLR § 3212(f), that is, the party has a defense sufficient to defeat the motion......
-
Alban v. Cornell Univ.
...Fleet Credit Corp. v. Harvey Hutter & Co., Inc., 207 A.D.2d 380, 615 N.Y.S.2d 702 (2d Dept.1994) ; Toth v. Carver Street Associates, 191 A.D.2d 631, 595 N.Y.S.2d 236 (2d Dept.1993). Nor can mere speculation serve to defeat the motion. Pluhar v. Town of Southampton, 29 A.D.3d 975, 816 N.Y.S.......
-
Cohen v. Companion Life Ins. Co.
...and the opposing party must provide more than a mere reiteration of those facts contained in the pleadings ( Toth v. Carver Street Associates, 191 A.D.2d 631 [2d Dept 1993] ). When considering a motion for summary judgment, the function of the court is not to resolve issues but rather to de......