Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

In the Matter of Imad Saleh v. 245 Ontario Express, Inc.

In the Matter of Imad Saleh v. 245 Ontario Express, Inc.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Law Office of Ralph C. Lorigo, West Seneca (Todd J. Aldinger of Counsel), for Respondent-Appellant. Zdarsky, Sawicki & Agostinelli Llp, Buffalo (Daniel J. Bobbett of Counsel), for Petitioner-Respondent. Appeal from an order of the Erie County Court (Suzanne Maxwell Barnes, J.), entered April 5, 2023. The order affirmed a judgment of the Buffalo City Court issued on November 28, 2022. It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs. Memorandum: In this summary holdover eviction proceeding, respondent appeals from an order that affirmed a judgment of Buffalo City Court granting petitioner landlord possession of a storefront that had been leased to a prime tenant and occupied by respondent pursuant to a sublease. We affirm. “[T]ermination of the primary lease terminates a sub-lease” (64 B Venture v. American Realty Co., 179 AD2d 374, 376 [1st Dept 1992], lv denied 79 NY2d 757 [1992]; see World of Food v. New York World’s Fair 1964-1965 Corp., 22 AD2d 278, 280 [1st Dept 1964]). Further, “termination of the prime lease will ordinarily prevent the exercise of a renewal option in a sublease” (Cahill v. COHI Towers Assoc., 160 AD2d 325, 325 [1st Dept 1990]; see Leibowitz v. Bickford’s Lunch Sys., 241 NY 489, 496-497 [1926]; see generally Minister, Elders & Deacons of Ref. Prot. Dutch Church of City of N.Y. v. 198 Broadway, 59 NY2d 170, 173 [1983]; Tiger Crane Martial Arts v. Franchise Stores Realty Corp., 235 AD2d 994, 995 [3d Dept 1997]). Here, there is no dispute that the prime lease between petitioner and the prime tenant terminated without the prime tenant exercising his right to renewal. Thus, even assuming, arguendo, that the sublease was validly made in accordance with the terms of the prime lease, we conclude that the sublease terminated with the prime lease. Contrary to respondent’s contention, petitioner did not bind himself to the terms of the sublease by accepting rent from respondent (see Leibowitz, 241 NY at 498).

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
Consulting Leaders in Technology 2024
May 16, 2024
Dallas, TX

Consulting Magazine recognizes leaders in technology across three categories Leadership, Client Service and Innovation.


Learn More
Legal Innovation Awards 2024
May 23, 2024
London

Celebrate outstanding achievement in law firms, chambers, in-house legal departments and alternative business structures.


Learn More
Go to Events Go to Webcasts
EMPLOYEE BENEFITS ASSOCIATE

We are seeking an associate to join our Employee Benefits practice. Candidates should have three to six years of employee benefits experienc...


Apply Now ›
Associate Attorney

Associate attorney position at NJ Immigration Law firm: Leschak & Associates, LLC, based in Freehold, NJ, is looking for a full time ass...


Apply Now ›
Attorney

Seeking a compassionate and experienced estate administration attorney for growing boutique estate planning and elder law practice. Huge eq...


Apply Now ›
Go to Lawjobs
Clifford Law Offices, PC
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements