American Bartenders School, Inc. v. 105 Madison Co.
Cases that cite this one
57 later published cases cite this decision. The 25 that cite it most often are listed here.
- Nasso v. Bio Reference Laboratories, Inc. (District Court, E.D. New York 2012)
- Merex A.G. v. Fairchild Weston Systems Inc. (District Court, S.D. New York 1993)
- HAWLEY FUEL COALMART, INC. v. STEAG HANDEL, GmbH. (District Court, S.D. New York 1985)
- Mtivity Inc. v. Office Depot, Inc. (District Court, E.D. New York 2021)
- Glasshouse System, Inc. v. International Business Machines Corp. (District Court, E.D. Pennsylvania 2009)
- WILLIAM PENN LIFE INS. CO. OF NEW YORK v. Viscuso (District Court, S.D. New York 2009)
- Sears, Roebuck and Co. v. Sears Realty Co., Inc. (District Court, N.D. New York 1996)
- Braniff, Inc. v. GPA Group PLC (In re Braniff, Inc.) (United States Bankruptcy Court, M.D. Florida 1990)
- Horn & Hardart Co. v. Pillsbury Co. (District Court, S.D. New York 1989)
- East River Savings Bank v. Secretary of Housing & Urban Development (District Court, S.D. New York 1988)
- Pilkington North America, Inc. v. Mitsui Sumitomo Insurance Company of America (District Court, S.D. New York 2020)
- Crews v. The County of Nassau (District Court, E.D. New York 2019)
- The Matter of the Estate of Edmund Felix Hennel , , Also Known as Edmund Hennel (N.Y. 2017)
- Liberty Mutual Insurance Company v. Atain Specialty Insurance Company (4th Cir. 2025)
- 500 West 43rd Street Realty, LLC v. Thukral (District Court, S.D. New York 2025)
- Tech+IP Advisory, LLC v. BlackBerry Limited (District Court, S.D. New York 2024)
- CMC Transaction Services, LLC v. IDEX Corporation (District Court, S.D. New York 2019)
- 644 BRDY Realty Inc. v. Bleecker Tower Tenants Corp. (Appellate Division of the Supreme Court of New York 2017)
- Niagara Mohawk Power Corporation v. Allied Healthcare Products, Inc. (Appellate Division of the Supreme Court of New York 2016)
- Educational Center for New Americans, Inc. v. 66th Avenue Realty Co. (Appellate Division of the Supreme Court of New York 2015)
- Monticello Raceway Management, Inc. v. Concord Associates, L.P. (Appellate Division of the Supreme Court of New York 2015)
- Monticello Raceway Management, Inc. v. Concord Associates, L.P. (Appellate Division of the Supreme Court of New York 2015)
- In re the Estate of Hennel (Appellate Division of the Supreme Court of New York 2015)
- In re the Estate of Hennel (Appellate Division of the Supreme Court of New York 2015)
- Tosapratt, LLC v. Sunset Properties, Inc. (Appellate Division of the Supreme Court of New York 2011)
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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
The doctrine of equitable estoppel should not be applied in this case. The purpose of invoking the doctrine is to prevent the infliction of unconscionable injury and loss upon one who has relied on the promise of another (3 Williston, Contracts [3d ed], § 533A, at p 798; Imperator Realty Co. v Tull, 228 NY 447, 453). It cannot be said that an “unconscionable” injury to plaintiff has resulted from defendant’s refusal to execute the lease modification. Plaintiff’s allegation that defendant’s profit motive somehow renders its conduct inequitable would seem to be irrelevant, inasmuch as the concern is for whether defendant’s conduct has unjustly injured plaintiff. The circumstances set forth by plaintiff simply do not rise to a level of unconscionability warranting application of equitable estoppel (see Ginsberg v Fairfield-Noble Corp., 81 AD2d 318).
In addition, the doctrine of part performance is inapplicable, inasmuch as the performance is not “unequivocally referable” to the alleged oral agreement (e.g., Burns v McCormick, 233 NY 230).
Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg, Meyer and Simons concur.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.