From Casetext: Smarter Legal Research

Ted's Jumbo Red Hots, Inc. v. Benderson Development Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 9, 1995
216 A.D.2d 939 (N.Y. App. Div. 1995)

Opinion

June 9, 1995

Appeal from the Supreme Court, Erie County, Doyle, J.

Present — Pine, J.P., Lawton, Callahan, Davis and Boehm, JJ.


Order and judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: In this action seeking a preliminary injunction and a declaratory judgment, we conclude that the record supports the court's declaration that plaintiff is not entitled to renew its lease with defendant. Because the complaint seeks, inter alia, a declaratory judgment, the court erred in granting in its entirety the cross motion of defendant seeking dismissal of the complaint (see, Tumminello v. Tumminello, 204 A.D.2d 1067). We modify the order and judgment on appeal, therefore, by granting in part the cross motion of defendant and by reinstating that part of the complaint seeking a declaratory judgment.


Summaries of

Ted's Jumbo Red Hots, Inc. v. Benderson Development Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 9, 1995
216 A.D.2d 939 (N.Y. App. Div. 1995)
Case details for

Ted's Jumbo Red Hots, Inc. v. Benderson Development Co.

Case Details

Full title:TED'S JUMBO RED HOTS, INC., Appellant, v. BENDERSON DEVELOPMENT CO., INC.…

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

Date published: Jun 9, 1995

Citations

216 A.D.2d 939 (N.Y. App. Div. 1995)
629 N.Y.S.2d 911