767 Third Avenue LLC v. Greble & Finger, LLP
Cases that cite this one
22 later published cases cite this decision.
- Giordano v. UBS, AG (District Court, S.D. New York 2015)
- Gordon v. Curtis (Appellate Division of the Supreme Court of New York 2009)
- Board of Mgrs. of the 135 W. 52nd St. Condominium v. 135 W. 52nd St. Owner LLC (New York Supreme Court, New York County 2024)
- P.S. Fin., LLC v. Eureka Woodworks, Inc. (Appellate Division of the Supreme Court of New York 2023)
- Reid v. Univera Healthcare (Appellate Division of the Supreme Court of New York 2019)
- Transit Funding Associates, LLC v. Capital One Equipment Finance Corp. (Appellate Division of the Supreme Court of New York 2017)
- Rayham v. Multiplan, Inc. (Appellate Division of the Supreme Court of New York 2017)
- Arnon Ltd (IOM) v. Beierwaltes (Appellate Division of the Supreme Court of New York 2015)
- Tirse v. Andrews (Appellate Division of the Supreme Court of New York 2015)
- Tirse v. Andrews (Appellate Division of the Supreme Court of New York 2015)
- New York City Educational Construction Fund v. Verizon New York Inc. (Appellate Division of the Supreme Court of New York 2014)
- New York City Educational Construction Fund v. Verizon New York Inc. (Appellate Division of the Supreme Court of New York 2014)
- 20 Pine Street Homeowners Ass'n v. 20 Pine Street LLC (Appellate Division of the Supreme Court of New York 2013)
- 20 Pine Street Homeowners Ass'n v. 20 Pine Street LLC (Appellate Division of the Supreme Court of New York 2013)
- Fariello v. Checkmate Holdings, LLC (Appellate Division of the Supreme Court of New York 2011)
- Veritas Capital Management, L.L.C. v. Campbell (Appellate Division of the Supreme Court of New York 2011)
- Sklover & Donath, LLC v. Eber-Schmid (Appellate Division of the Supreme Court of New York 2010)
- Empire One Telecommunications, Inc. v. Verizon New York, Inc. (New York Supreme Court 2009)
- Berger v. Roosevelt Investment Group Inc. (Appellate Division of the Supreme Court of New York 2006)
- Jericho Group, Ltd. v. Midtown Development, L.P. (Appellate Division of the Supreme Court of New York 2006)
- Williams v. Coppola (Appellate Division of the Supreme Court of New York 2005)
- Makuch v. New York Central Mutual Fire Insurance (Appellate Division of the Supreme Court of New York 2004)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Order, Supreme Court, New York County (Walter B. Tolub, J.), entered October 3, 2003, which granted defendants’ motion to dismiss the complaint and denied plaintiffs cross motion for a default judgment, unanimously affirmed, with costs.
The single motion rule (CPLR 3211 [e]) has no application where defendants promptly refiled their dismissal motion after initial denial on procedural grounds for failure to attach a copy of the amended complaint. There was no prejudice to plaintiff, and the matter was ripe for disposition (see generally Ultramar Energy v Chase Manhattan Bank, 191 AD2d 86 [1993]). Neither the letter nor the spirit of the single motion rule was violated (Held v Kaufman, 91 NY2d 425 [1998]).
Plaintiffs failure to identify any portion of the lease allegedly breached was fatal to its cause of action for breach of contract. Similarly, plaintiff failed to plead a violation of the covenant of good faith and fair dealing, and failed to allege any facts regarding defendants’ bad faith or unfair dealing. In any event, the covenant of good faith and fair dealing cannot negate defendants’ express contractual right to terminate the lease at any time without liability (Berzin v W.P Carey & Co., 293 AD2d 320 [2002]).
Plaintiff also failed to plead with specificity the allegations underlying its causes of action for fraudulent misrepresentation
Case-law data current through December 31, 2025. Source: CourtListener bulk data.