Todd v. Krolick

466 N.Y.S.2d 788 (1983)

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Todd v. Krolick

Supreme Court of New York, Appellate Division
466 N.Y.S.2d 788 (1983)

Facts

James Todd (plaintiff) operated a business that provided coin-operated laundry machines to apartment complexes. In 1979, Todd entered an agreement with Monarch Associates (Monarch) to install and maintain laundry machines in Monarch’s apartment complex. The contract was for a period of 10 years. The contract specifically provided that it was binding on the heirs, successors, and assigns of the parties, and that the contract rights would not be disturbed by any change in ownership. In 1980, Monarch transferred the property to Marine Midland Bank (Marine). In 1981, Marine sold the property to Ronald Krolick and others (defendants). Marine told the defendants that there was no existing agreement concerning the laundry machines located at the apartment complex. The defendants asked Todd several times to remove the machines. In response, Todd sued to prevent removal of the laundry machines during the rest of the 10-year contract term. The trial court found for Todd and granted a preliminary injunction to prevent removal of the machines. The defendants appealed.

Rule of Law

Issue

Holding and Reasoning (Memorandum Decision)

Dissent (Levine, J.)

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