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OPPENHEIMER & CO. v. OPPENHEIM

86 N.Y.2d 685 (1995)

660 N.E.2d 415

636 N.Y.S.2d 734

Oppenheimer & Co., Inc., Respondent, v. Oppenheim, Appel, Dixon & Co., Appellant.

Court of Appeals of the State of New York.

Decided November 30, 1995.

Attorney(s) appearing for the Case

Fennell & Chiappone LLP, New York City (Darrell K. Fennell and Michael Winger of counsel), for appellant.

Kaye, Scholer, Fierman, Hays & Handler, New York City (Gregory J. Wallance, Jeffrey A. Fuisz and Gregory E. Bylinsky of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and LEVINE concur.

CIPARICK, J.

The parties entered into a letter agreement setting forth certain conditions precedent to the formation and existence of a sublease between them. The agreement provided that there would be no sublease between the parties "unless and until" plaintiff delivered to defendant the prime landlord's written consent to certain "tenant work" on or before a specified deadline. If this condition did not occur...

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