Siegel v. Kentucky Fried Chicken of Long Island, Inc.

N.Y.

Court: New York Court of Appeals

Citations: 67 N.Y.2d 792, 501 N.Y.S.2d 317, 492 N.E.2d 390, 1986 N.Y. LEXIS 17516

Decision Date: 3/18/1986

Jurisdiction: NY

Bluebook Citation: Siegel v. Kentucky Fried Chicken of Long Island, Inc., 67 N.Y.2d 792, 501 N.Y.S.2d 317, 492 N.E.2d 390, 1986 N.Y. LEXIS 17516 (1986)

More Cases: N.Y. decisions from 1986

Citation analytics

How this case sits in the citation network, derived from CiteLaw's graph of published opinions.

★Highly CitedTop 6% most-cited · cited by 64 decisions

Citing decisions

Authorities cited

Courts citing

Citations by decade

1980s1990s2000s2010s2020s

Courts citing this case

N.Y. App. Div.21

N.Y. Civ. Ct.17

N.Y. App. Term5

N.Y. Sup. Ct.4

N.Y. App. Term.3

S.D.N.Y.3

Most recently cited by10

2026Wilmington Trust, National Association, as Trustee, etc. v. Pacific Street Property Group LLC, Joshua Soufeh, et al. E.D.N.Y
2026HSBC Bank USA, N.A. v. Albino N.Y. Sup. Kings
20244250 Broadway Retail Owners LLC v. Bavaro Smoke Shop, Inc. Civ. Ct. NYC, NY Cty.
2023Kairos Credit Strategies Operating Partnership, LP v. The Friars National Association, Inc. S.D.N.Y.
202254-56 Mgt. Corp. v. MTA Fine Arts Co., Inc. N.Y. App. Term.
2022White Plains Healthcare Properties I, LLC v. HBL SNF LLC Bankr. S.D.N.Y.
2017Port Royal Owners Corp. v. Navy Beach Rest. Group, LLC N.Y. App. Term.
2017Port Royal Owners Corp. v. Navy Beach Restaurant Group, LLC N.Y. App. Term
2016Platinum Equity Advisors, LLC v. SDI, Inc. N.Y. Sup. Ct.
2016Kesselman v. London Paint & Wallpaper Co. N.Y. Civ. Ct.

Cites 2 cases

Mann Theatres Corp. of California v. Mid-Island Shopping Plaza Co.
Reeder v. Sayre

Counts reflect decisions in the CiteLaw corpus and may lag very recent opinions.

Opinion

Aaron L. Siegel, Appellant, v Kentucky Fried Chicken of Long Island, Inc., Respondent.

Attorneys

APPEARANCES OF COUNSEL
Bruce D. Mencher for appellant.
Eugene I. Farber and Steven T. Lowe for respondent.

majority

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The lease contains four printed provisions referring to the "Landlord or Landlord’s agent,” but in its default provision refers only to "the Landlord serving a written five (5) days’ notice upon Tenant” to be followed by "Landlord [serving] a written three (3) days’ notice of cancellation”. Its printed provisions defined the term "Landlord” to mean "only the owner, or mortgagee in possession, for the time being”. It also contained a rider consisting of 44 typewritten paragraphs, three of which referred to a named attorney as escrowee, but none of which specified that notice of default or of termination which, as noted, was to be given by the landlord, could be given by the landlord’s agent or by an attorney, or otherwise modified the printed definition of the term "Landlord.”

Under such a lease notices of default and of termination signed not by the owner or the attorney named in the lease, but by another attorney with whom the tenant had never previously dealt, were insufficient and the tenant was entitled to ignore them as not in compliance with the lease provisions concerning notice (cf. Mann Theatres Corp. v Mid-Island Shopping Plaza Co., 94 AD2d 466, 474; see, Reeder v Sayre, 70 NY 180, 188).

Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander and Hancock, Jr., concur; Judge Titone taking no part.

Order affirmed, with costs, in a memorandum.