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Laufer v. Columbus W. 82 Apartments Corp.

Appellate Division of the Supreme Court of New York, Second Department
May 15, 1995
215 A.D.2d 533 (N.Y. App. Div. 1995)

Opinion

May 15, 1995

Appeal from the Supreme Court, Kings County (Golden, J.).


Ordered that the orders are affirmed, with one bill of costs payable to the respondents-appellants.

The court properly granted summary judgment to the defendants since they proffered sufficient evidence to demonstrate that no triable issues of fact existed, and the plaintiff's papers in opposition were insufficient to raise triable issues as to whether the subject proprietary leases were wrongfully terminated (see, Alvarez v Prospect Hosp., 68 N.Y.2d 320; Zuckerman v City of New York, 49 N.Y.2d 557; Dress Shirt Sales v Hotel Martinique Assocs., 12 N.Y.2d 339; Hakim v Mahdavian, 185 A.D.2d 428).

The court properly denied the plaintiff's motion to compel the defendants to reinstate the leases, since once a lease has been effectively terminated in accordance with its terms, a court is without power to revive it (see, First Natl. Stores v Yellowstone Shopping Ctr., 21 N.Y.2d 630; Norlee Wholesale Corp. v 4111 Hempstead Turnpike Corp., 138 A.D.2d 466).

We have reviewed the parties' remaining contentions and find them to be without merit. Joy, J.P., Friedmann, Krausman and Florio, JJ., concur.


Summaries of

Laufer v. Columbus W. 82 Apartments Corp.

Appellate Division of the Supreme Court of New York, Second Department
May 15, 1995
215 A.D.2d 533 (N.Y. App. Div. 1995)
Case details for

Laufer v. Columbus W. 82 Apartments Corp.

Case Details

Full title:LAJOS LAUFER, Appellant-Respondent, v. COLUMBUS W. 82 APARTMENTS CORP. et…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 15, 1995

Citations

215 A.D.2d 533 (N.Y. App. Div. 1995)
627 N.Y.S.2d 930