News & Resources

Olshan Litigation Team Represents Apple-Metro in Victory

November 15, 2011

Olshan represented the New York Applebee’s Franchisee, Apple-Metro, in a dispute arising out of a lease at a building in Harlem. After Apple-Metro signed the lease with the managing member of the landlord LLC, other members of the LLC claimed that its operating agreement prohibited the managing member from entering into the lease, and denied Apple-Metro access to the building. The First Department reversed the original decision voiding the lease, and found that Apple-Metro had reasonably relied on the managing member’s authority when entering into the lease. The appellate court also granted Apple-Metro’s motion for summary judgment on its claims for breach of the lease and contractual indemnification due to the LLC’s failure to grant Apple-Metro access to the building. The case was recently highlighted in The New York Times. Lori Marks-Esterman and Mason A. Barney, with guidance from Thomas J. Fleming, represented Apple-Metro.

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