Maiden Lane Service Stations, Inc. v. Rubin

Appellate Terms of the Supreme Court of New York

Maiden Lane Service Stations, Inc. v. Rubin

5 Misc. 2d 328, 159 N.Y.S.2d 268, 1956 N.Y. Misc. LEXIS 1243

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 20, 1956

StatusPublished

Cited by3 cases

This text of 5 Misc. 2d 328 (Maiden Lane Service Stations, Inc. v. Rubin) 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

Maiden Lane Service Stations, Inc. v. Rubin, 5 Misc. 2d 328, 159 N.Y.S.2d 268, 1956 N.Y. Misc. LEXIS 1243 (N.Y. Ct. App. 1956).

Pincite

Opinion

Per Curiam.

In the absence of allegation and proof of plans for the erection of the new structure, the landlord was not entitled to a final order for the purpose of demolishing the existing building.

Upon the termination of the written lease, the tenants became statutory tenants and the jury waiver clause of the lease was carried over into the statutory tenancy (Jamaica Investors v. Blacharsh, 193 Misc. 949).

The final order should be reversed, with $30 costs, and final order directed for tenants, with costs. The intermediate order should be affirmed.

Hofstadter, Aurelio and Tilzer, JJ., concur.

Final order reversed, etc.

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