215 Avenue B Holding Corp. v. Michaelson

Appellate Terms of the Supreme Court of New York

215 Avenue B Holding Corp. v. Michaelson

19 Misc. 2d 919, 196 N.Y.S.2d 376, 1959 N.Y. Misc. LEXIS 3598

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 28, 1959

StatusPublished

This text of 19 Misc. 2d 919 (215 Avenue B Holding Corp. v. Michaelson) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

215 Avenue B Holding Corp. v. Michaelson, 19 Misc. 2d 919, 196 N.Y.S.2d 376, 1959 N.Y. Misc. LEXIS 3598 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

The intermediate tenants, Bernstein and Poner, who allegedly took the premises from the original tenant, executed a completely new lease for a term and rental completely different from those contained in the 1948 lease of Coburns Delicacies, Inc., Bernstein and Poner’s assignor, The instant tenant admittedly was not in any way connected with the 1948 lease.

It is clear that the emergency rent laws provide protection for tenants in occupancy of business space. Here the tenant, came into possession after March 31, 1950 as a result of an assignment of a lease executed after that date. Consequently, there was no warrant for the final order in favor of the tenant.

[920]*920The final order should be reversed, with $30 costs, and final order directed for landlord as prayed for in the petition, with costs.

Concur — Hoestadter, J. P., Hecht and Aurelio, JJ.

Final order reversed, etc.

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