Nina Bujola Realty Corp. v. Eastern Sound Studios, Inc.

Appellate Terms of the Supreme Court of New York

Nina Bujola Realty Corp. v. Eastern Sound Studios, Inc.

206 Misc. 329, 131 N.Y.S.2d 682, 1954 N.Y. Misc. LEXIS 3351

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 10, 1954

StatusPublished

This text of 206 Misc. 329 (Nina Bujola Realty Corp. v. Eastern Sound Studios, Inc.) 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

Nina Bujola Realty Corp. v. Eastern Sound Studios, Inc., 206 Misc. 329, 131 N.Y.S.2d 682, 1954 N.Y. Misc. LEXIS 3351 (N.Y. Ct. App. 1954).

Pincite

Opinion

Per Curiam.

The arrangements recently made for the use of tenant’s facilities for a fixed term and rental merely constituted an efficient and concentrated manner of conducting its “ sound studio ” business. Tenant’s customers were not desirous of using its space as such but rather its specially built studios containing highly specialized equipment. Such fixed arrangements were not such a departure from its customary method of hiring out its studios for use by others as to entail a forfeiture of the lease on the ground of a violation of the printed clause therein prohibiting assignment, subletting or use by others without prior written consent. Such restrictive covenant must be judged in the light of former landlord’s knowledge when executing the lease that a “ sound studio ” business was operated by renting its studios to the trade. So long as tenant did not surrender possession and control but remained to supervise its business and care for the premises, landlord was not concerned with the term or manner of such use. Tenant did not breach any obligation of its tenancy when it engaged in the very business for which that tenancy was created.

The final order should be reversed, with $30 costs, and final order directed in favor of tenant, with costs.

Hofstadter, Eder and Schreiber, JJ., concur.

Final order reversed, etc.

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Per Curiam.

The arrangements recently made for the use of tenant’s facilities for a fixed term and rental merely constituted an efficient and concentrated manner of conducting its “ sound studio ” business. Tenant’s customers were not desirous of using its space as such but rather its specially built studios containing highly specialized equipment. Such fixed arrangements were not such a departure from its customary method of hiring out its studios for use by others as to entail a forfeiture of the lease on the ground of a violation of the printed clause therein prohibiting assignment, subletting or use by others without prior written consent. Such restrictive covenant must be judged in the light of former landlord’s knowledge when executing the lease that a “ sound studio ” business was operated by renting its studios to the trade. So long as tenant did not surrender possession and control but remained to supervise its business and care for the premises, landlord was not concerned with the term or manner of such use. Tenant did not breach any obligation of its tenancy when it engaged in the very business for which that tenancy was created.

The final order should be reversed, with $30 costs, and final order directed in favor of tenant, with costs.

Hofstadter, Eder and Schreiber, JJ., concur.

Final order reversed, etc.

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Bluebook (online)

206 Misc. 329, 131 N.Y.S.2d 682, 1954 N.Y. Misc. LEXIS 3351, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nina-bujola-realty-corp-v-eastern-sound-studios-inc-nyappterm-1954.