Rice v. Ritz Associates, Inc.
Cases that cite this one
13 later published cases cite this decision.
- Panasia Estate, Inc. v. Tapas y Mas, LLC (Appellate Division of the Supreme Court of New York 2024)
- Matter of Islip Theaters, LLC v. Landmark Plaza Props. Corp. (Appellate Division of the Supreme Court of New York 2021)
- 936 Second Avenue, L.P. v. Second Corporate Development, Co. (Appellate Division of the Supreme Court of New York 2011)
- Bell v. White (Appellate Division of the Supreme Court of New York 2010)
- Grosz v. Serge Sabarsky, Inc. (Appellate Division of the Supreme Court of New York 2005)
- Kroboth v. Brent (Appellate Division of the Supreme Court of New York 1999)
- Perlbinder v. Jakubovitz (Appellate Division of the Supreme Court of New York 1997)
- Vitale v. Friedman (Appellate Division of the Supreme Court of New York 1997)
- Liberty Fabrics, Inc. v. Corporate Properties Associates 5 (Appellate Division of the Supreme Court of New York 1996)
- Vitale v. Friedman (Appellate Division of the Supreme Court of New York 1996)
- Brown v. Estate of Rosenstock (Appellate Division of the Supreme Court of New York 1990)
- Builtland Partners v. Jack LaLanne Biltmore Health Spa, Inc. (N.Y. 1985)
- Rifenburg v. Liffiton Homes, Inc. (Appellate Division of the Supreme Court of New York 1985)
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
OPINION OF THE COURT
Memorandum.
Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (88 AD2d 513).
As to plaintiff’s contention that by virtue of the lease there was an effective transfer of the air rights of the Rice parcel to the Ritz parcel, thereby constituting an “incumbrance” on the Rice parcel within the contemplation of the *925 appraisal procedure clause explicitly set forth in the lease which the prevailing appraisers failed to consider in their appraisal, we express no view with respect to it as this issue was not presented to or considered by the trial court. (Farr v Newman, 14 NY2d 183, 188; see, also, Telaro v Telaro, 25 NY2d 433, 438; Cohen and Karger, Powers of the New York Court of Appeals [rev ed], § 162, p 631.)
Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg and Simons concur; Judge Meyer taking no part.
Order affirmed, with costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.