You are here: / / Lease and Lease Amendment Invalid Even Though Approved by County Legislature—County...
,

Lease and Lease Amendment Invalid Even Though Approved by County Legislature—County Charter Required that All Contracts with the County Be Executed by the County Executive—The County Executive Signed the Lease But Not the Lease Amendment (Which Was Integral to the Agreement)—Lease Required All Modifications to Be In Writing, So Signing the Lease Amendment Was Not a “Purely Ministerial Act”—A Municipal Contract Which Does Not Comply with Statutory Requirements or Local Law Is Invalid and Unenforceable

The Second Department determined that a lease and a lease amendment were invalid and unenforceable, even though the documents had been approved by the Nassau County Legislature.  The Nassau County Charter required that any contract entered into by the county be executed by the County Executive. The County Executive signed the lease, but not the lease amendment (which was integral to the final agreement). Execution of the lease amendment was not a “purely ministerial act” because the lease required that any modifications be in writing:

” A municipal contract which does not comply with statutory requirements or local law is invalid and unenforceable'” … . Here, the County demonstrated its prima facie entitlement to judgment as a matter of law by establishing that the lease amendment, which was integral to the final agreement between the parties, was not executed by the County Executive or his authorized designee, as required by Nassau County Charter § 2206. Contrary to the defendant’s contention, the execution of the lease amendment by the County Executive or his designee was not a purely ministerial act in light of the express language in the lease requiring any modifications thereto to be in writing … . Further, the express terms of the proposed lease provided that it could not be modified “except by a writing subscribed by both parties” (emphasis added), and the lease amendment expressly contemplated that it would be effective when “last executed by the parties.” Since the lease amendment was integral to the final agreement between the parties, and the proposed lease and lease amendment together constituted the entirety of the parties’ understanding of their obligations, the County established, prima facie, that the County Executive’s determination not to execute the lease amendment rendered the proposed lease unenforceable because there was no meeting of the minds between the parties … . County of Nassau v Grand Baldwin Assoc., L.P., 2015 NY Slip Op 04445, 2nd Dept 5-27-15

 

You might also like
STATUTE OF LIMITATIONS DEFENSE WAS WAIVED BECAUSE IT WAS NOT RAISED IN AN ANSWER OR A PRE-ANSWER MOTION TO DISMISS IN THIS FORECLOSURE ACTION (SECOND DEPT).
QUESTIONS OF FACT PRECLUDED SUMMARY JUDGMENT ON MOST (BUT NOT ALL) OF THE CAUSES OF ACTION IN THIS LABOR LAW 240 (1), 241 (6), 200, COMMON-LAW NEGLIGENCE AND INDEMNIFICATION ACTION STEMMING FROM A FALL INVOLVING A MAKESHIFT PLATFORM PLAINTIFF WAS USING TO INSTALL SPRINKLERS; THE DECISION HAS GOOD SUMMARIES OF THE ELEMENTS OF ALL OF THE CAUSES OF ACTION (SECOND DEPT).
“Single Motion Rule” Barred Motions to Dismiss Pursuant to CPLR 3211(a)
Basketball Player Assumed Risk of Running Into Glass Doors Behind Baseline
ALTHOUGH THE NYC ADMINISTRATIVE CODE IMPOSES A DUTY TO KEEP SIDEWALKS SAFE ON ABUTTING PROPERTY OWNERS, IT DOES NOT IMPOSE STRICT LIABILITY, DEFENDANT FAILED TO DEMONSTRATE IT DID NOT CREATE OR HAVE NOTICE OF THE ALLEGED DANGEROUS CONDITION IN THIS SIDEWALK ICE AND SNOW SLIP AND FALL CASE, DEFENDANT’S SUMMARY JUDGMENT MOTION PROPERLY DENIED (SECOND DEPT).
Tree Removal Was First Step in Making Structural Repairs, Injury During Tree Removal Covered Under Labor Law 240 (1)
TOWN RESIDENTS CANNOT COMPEL TOWN TO ISSUE A FORMAL DETERMINATION OF THEIR ZONING COMPLAINT AND CANNOT COMPEL THE ZONING BOARD OF APPEALS TO REVIEW THE FAILURE TO ISSUE SUCH A DETERMINATION (SECOND DEPT).
Village Not Liable for Failure to Place a Crossing Guard at a Particular Intersection—Placement of Crossing Guards Is a “Discretionary,” Not “Ministerial,” Government Action—No Liability Absent Special Relationship to Plaintiff

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Medical Examiner’s Testimony Did Not Rule Out the Possibility that Someone... Sole Officer of Dissolved Corporation Personally Liable for Post-Dissolution...