Nichols v. Didas

3 Citing cases

  1. SVC W. Babylon LLC v. 204 Great E. Neck Rd. LLC

    70 Misc. 3d 365 (N.Y. Sup. Ct. 2020)

    In Robert B. Jetter, M.D., PLLC v. 737 Park Ave. Acquisition LLC , 162 A.D.3d 444, 80 N.Y.S.3d 52, the plaintiff operated a medical office on the premises leased from the defendant landlord. In Nichols v. Didas, 137 A.D.3d 1495, 29 N.Y.S.3d 588, the plaintiff operated a pub on the premises leased from the defendant landlord. In Waterfalls Italian Cuisine, Inc. v. Tamarin, 149 A.D.3d 1141, 53 N.Y.S.3d 347 & 119 A.D.3d 773, 990 N.Y.S.2d 536, the plaintiff operated a restaurant on the premises owned by the defendant landlord.

  2. 227 Franklin Realty LLC v. Walnut Rd. Realty Corp.

    66 Misc. 3d 580 (N.Y. Dist. Ct. 2019)   Cited 1 times

    Equitable relief is less likely to be granted if the delay exceeds six weeks, although in limited instances, courts have excused a tenant's delay of more than three months. (SeePopyork, LLC v. 80 Ct. St. Corp. , 23 A.D.3d 538, 806 N.Y.S.2d 606 [2d Dept. 2005] [2½ months]; Souslian Wholesale Beer & Soda v. 380-4 Union Ave. Realty Corp. , 166 A.D.2d 435, 560 N.Y.S.2d 491 [2d Dept. 1990] [6½ months]; Nichols v. Didas , 137 A.D.3d 1495, 29 N.Y.S.3d 588 [3d Dept. 2016] [four months].)"

  3. 25-35 Bridge St. LLC v. Excel Auto. Tech Ctr. Inc.

    2018 N.Y. Slip Op. 28339 (N.Y. Sup. Ct. 2018)   Cited 2 times

    Equitable relief is less likely to be granted if the delay exceeds six weeks, although in limited instances, courts have excused a tenant's delay more than three months. SeePopyork, LLC v. 80 Ct. St. Corp. , 23 A.D.3d 538, 806 N.Y.S.2d 606 (2nd Dept. 2005) (two-and-one-half months); Souslian Wholesale Beer & Soda, Inc. v. 380-4 Union Ave. Realty Corp. , 166 A.D.2d 435, 560 N.Y.S.2d 491 (2nd Dept. 1990) (six-and-one-half months); Nichols v. Didas , 137 A.D.3d 1495, 29 N.Y.S.3d 588 (3rd Dept. 2016) (four months).While there is no actual outer limit, equitable relief has been denied where the delay exceeded eight months and the delay was caused solely by the tenant's negligence.