936 Second Avenue, L.P. v. Second Corporate Development, Co.
Cases that cite this one
5 later published cases cite this decision.
- Urban Commons 2 West LLC (United States Bankruptcy Court, S.D. New York 2023)
- Certain Underwriters at Lloyd's London v. Bioenergy Dev. Group, LLC (Appellate Division of the Supreme Court of New York 2020)
- Certain Underwriters at Lloyd's London v. Bioenergy Dev. Group, LLC (Appellate Division of the Supreme Court of New York 2020)
- Coral Realty, LLC v. Federal Insurance Company (District Court, S.D. New York 2020)
- Matter of 101 W. 23 Owner I LLC v. 715-723 Sixth Ave. Owners Corp. (Appellate Division of the Supreme Court of New York 2019)
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
There is no basis to disturb the award. The appraisal was made pursuant to the procedure set forth in the parties’ lease. The appraisers averred that they complied with the Court of Appeals’ order that the net lease must be taken into account when valuing the demised premises (see 936 Second Ave. L.P. v Second Corporate Dev. Co., Inc., 10 NY3d 628 [2008]). The motion court properly determined that there was no evidence of fraud, bias or bad faith in the appraisal process. Nor was the award irrational. Absent such evidence, “the appraisal should stand” (Rice v Ritz Assoc., 88 AD2d 513, 514 [1982], affd 58 NY2d 923 [1983]). Concur — Mazzarelli, J.E, Acosta, DeGrasse, Richter and Manzanet-Daniels, JJ.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.