Quimbee logo
DMCA.com Protection Status
From our private database of 17,300+ case briefs...

Goldberg 168-05 Corp. v. Levy

Supreme Court of New York
170 Misc. 292 (1938)


 

Facts

Goldberg 168-05 Corp. (Goldberg) (plaintiff) leased property to Joseph Levy (defendant) for commercial purposes. The lease provided that, in addition to a set rental fee, Levy would pay a percentage of the profits from the clothing store that would occupy the space. The lease also provided that, in the event that the gross sales from the clothing store did not meet a certain threshold, Levy could cancel the lease. Levy provided notice that he intended to terminate the lease in accordance with the agreement due to poor sales. Levy then left the premises and refused to pay further rental fees. Goldberg brought a breach-of-contract suit against Levy, claiming that Levy negligently or willfully mismanaged the store, rendering it unprofitable, and intentionally diverted sales to another of his nearby stores to bring sales below the threshold for lease cancellation. Levy moved to dismiss the complaint for failure to state a claim on which relief could be granted.

Rule of Law

Issue

Holding and Reasoning (Steinbrink, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 457,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 457,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,300 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers


Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial