Janet Leasing Corp. v. Di Pierre
This text of 14 Misc. 2d 1066 (Janet Leasing Corp. v. Di Pierre) 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.
Opinion
A landlord cannot institute and maintain summary proceedings to evict a statutory tenant in possession of business space, under subdivision (k) of section 8 of the Business Rent Law (L. 1945, ch. 314, as amd.) where the proposed lease permits the landlord to cancel the lease if the new tenant is unable to obtain the consent of the State Liquor Authority for the operation of a restaurant and bar, as such provision does not meet the noncancelable requirements as defined and prescribed in this section.
The final order should be reversed, with $30 costs, and petition dismissed, with costs.
Concur — Hoestadter, J. P., Aurelio and Tilzer, JJ.
Final order reversed, etc.
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Cite This Page — Counsel Stack
14 Misc. 2d 1066, 180 N.Y.S.2d 113, 1958 N.Y. Misc. LEXIS 2446, Counsel Stack Legal Research, https://law.counselstack.com/opinion/janet-leasing-corp-v-di-pierre-nyappterm-1958.