Ta-Kra Realty Corp. v. Eastern Soda Fountain Co.

Appellate Division of the Supreme Court of New York

Ta-Kra Realty Corp. v. Eastern Soda Fountain Co.

275 A.D.2d 927

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 28, 1949

StatusPublished

This text of 275 A.D.2d 927 (Ta-Kra Realty Corp. v. Eastern Soda Fountain Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ta-Kra Realty Corp. v. Eastern Soda Fountain Co., 275 A.D.2d 927 (N.Y. Ct. App. 1949).

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Opinions

Per Curiam.

We think that it sufficiently appears that the premises in question were not used or occupied .for commercial purposes on March 1, 1943, within the intent of the statute. Accordingly, the parties could have agreed on an emergency rent based upon rent charged for the most nearly comparable commercial space “ or otherwise satisfactory evidence.” The record reasonably-discloses that the rent agreed upon herein was so fixed. The bona fides of the prior 1946 lease to Liberty Knitwear Corporation is not impugned and the rent fixed therein was the rent for the lease in question. Subsequently, the premises were rented to another tenant at a higher rental. That tenant remained until February, 1947, when a fire occurred which necessitated extensive renovation of the building. This tenant paid the rent in question for almost a year and offered no proof at the trial but rested at the close of the landlord’s case. On this record we think the determination appealed from should be affirmed, with costs to landlord-respondent.

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Per Curiam.

We think that it sufficiently appears that the premises in question were not used or occupied .for commercial purposes on March 1, 1943, within the intent of the statute. Accordingly, the parties could have agreed on an emergency rent based upon rent charged for the most nearly comparable commercial space “ or otherwise satisfactory evidence.” The record reasonably-discloses that the rent agreed upon herein was so fixed. The bona fides of the prior 1946 lease to Liberty Knitwear Corporation is not impugned and the rent fixed therein was the rent for the lease in question. Subsequently, the premises were rented to another tenant at a higher rental. That tenant remained until February, 1947, when a fire occurred which necessitated extensive renovation of the building. This tenant paid the rent in question for almost a year and offered no proof at the trial but rested at the close of the landlord’s case. On this record we think the determination appealed from should be affirmed, with costs to landlord-respondent.

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Bluebook (online)

275 A.D.2d 927, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ta-kra-realty-corp-v-eastern-soda-fountain-co-nyappdiv-1949.