Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
COINMACH CORPORATION, Respondent, v. HARTON ASSOCIATES, Appellant.
In an action, inter alia, to enjoin the defendant from removing, disconnecting, or replacing the plaintiff's laundry equipment, the defendant appeals from an order of the Supreme Court, Westchester County (Bellantoni, J.), entered July 9, 2002, which granted the plaintiff's motion for preliminary injunctive relief.
ORDERED that the order is affirmed, with costs.
The agreement between the plaintiff and the defendant was a lease rather than a license. It contained a description of the specific premises to be occupied by plaintiff, specified the amount of rent to be paid, and provided for the plaintiff's exclusive use and occupancy for a fixed period of time (see Hi-Rise Laundry Equip. Corp. v. Matrix Props., 96 A.D.2d 930, 466 N.Y.S.2d 375). In fact, in the agreement, the defendant expressly recognized the agreement as a lease, and agreed to “insure the legal rights afforded to such instrument as concerns any conveyance, sale or transfer of the property” (Hi-Rise Laundry Equip. Corp. v. Matrix Props., Inc., supra at 930, 466 N.Y.S.2d 375). Clearly, the language of the agreement establishes that the parties intended that it be a lease (see Hi-Rise Laundry Equip. Corp. v. Matrix Props., supra, see also Slamow v. Delcol, 174 A.D.2d 725, 571 N.Y.S.2d 335, affd. 79 N.Y.2d 1016, 584 N.Y.S.2d 424, 594 N.E.2d 918). Since this court maintains a policy of favoring the maintenance of the status quo pending the outcome of a landlord-tenant dispute, the Supreme Court properly granted the plaintiff injunctive relief (see Times Sq. Stores Corp. v. Bernice Realty Co., 107 A.D.2d 677, 484 N.Y.S.2d 591; Da Costa's Automotive v. Birchwood Plaza Shell, 106 A.D.2d 484, 482 N.Y.S.2d 832).
The defendant's contention that General Obligations Law § 5-903 applies to leases is unavailing, since the statute deals with automatic renewal provisions in contracts for service, maintenance, or repair (see Telephone Secretarial Serv. v. Sherman, 28 A.D.2d 1010, 1011, 284 N.Y.S.2d 384), not lease renewals.
The defendant's remaining contentions are without merit.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: April 21, 2003
Court: Supreme Court, Appellate Division, Second Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
FindLaw for Legal Professionals
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)