DMF GRAMERCY v. LILLIAN TROY

652260/12, 12945

123 A.D.3d 210 (2014)

994 N.Y.S.2d 605

2014 NY Slip Op 07110

DMF GRAMERCY ENTERPRISES, INC., Respondent, v. THE LILLIAN TROY 1999 TRUST, by Stuart Troy and Others, Trustees, et al., Appellants, et al., Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 21, 2014.


Attorney(s) appearing for the Case

Law Offices of Jeffrey H. Roth, New York City ( Jeffrey H. Roth of counsel), for appellants.

Jaffe Ross & Light LLP, New York City ( Burton Ross and Bill S. Light of counsel), for respondent.

GONZALEZ, P.J., DEGRASSE, FREEDMAN and RICHTER, JJ., concur.


OPINION OF THE COURT

The question presented on appeal is whether a landlord has an unfettered right to withhold or terminate its consent to a tenant's operation of a sidewalk café, where the café has existed for at least 50 years and the lease contemplates the use of the...

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