Ten Fifth Avenue Corp. v. Baker

23 Misc. 2d 564, 189 N.Y.S.2d 69, 1959 N.Y. Misc. LEXIS 3500

This text of 23 Misc. 2d 564 (Ten Fifth Avenue Corp. v. Baker) 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.

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Ten Fifth Avenue Corp. v. Baker, 23 Misc. 2d 564, 189 N.Y.S.2d 69, 1959 N.Y. Misc. LEXIS 3500 (N.Y. Ct. App. 1959).

Opinion

Per Curiam.

The intent of the statute was not to require the proffer of a two-year lease, but the offer of a lease after June 1, [565]*5651956, to expire on June 30, 1958. (Business Rent Law, § 8, subd. [gg], par. [1]; L. 1945, ch. 314, as amd.; Report of Temporary Commission to Study Rents and Rental Conditions, N. Y. Legis. Doe., 1956, No. 57; Clark-Wile & Mayer v Littman, N. Y. L. J., Jan. 9,1959, p. 10, col. 6, motion for leave to appeal denied 7 A D 2d 901.)

The lease proffered to the tenant was on substantially similar terms and conditions as the existing tenancy.

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

Concur — Hofstadter, J. P., Stbtjer and Tilzer, JJ.

Final order reversed, etc.

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23 Misc. 2d 564, 189 N.Y.S.2d 69, 1959 N.Y. Misc. LEXIS 3500, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ten-fifth-avenue-corp-v-baker-nyappterm-1959.