Wek Capital Corp. v. 877 Ninth Avenue Restaurant Corp.

Appellate Terms of the Supreme Court of New York

Wek Capital Corp. v. 877 Ninth Avenue Restaurant Corp.

28 Misc. 2d 591, 207 N.Y.S.2d 823, 1960 N.Y. Misc. LEXIS 2782

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 23, 1960

StatusPublished

This text of 28 Misc. 2d 591 (Wek Capital Corp. v. 877 Ninth Avenue Restaurant Corp.) 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

Wek Capital Corp. v. 877 Ninth Avenue Restaurant Corp., 28 Misc. 2d 591, 207 N.Y.S.2d 823, 1960 N.Y. Misc. LEXIS 2782 (N.Y. Ct. App. 1960).

Pincite

Opinion

Per Curiam.

Although the landlord complied with section 8 (subd. [gg], par. [1]) of the Emergency Business Space Rent Control Law (L. 1945, ch. 314, as amd. by L. 1956, ch. 735) by offering the tenant the required lease, it thereafter failed to take the necessary steps to evict the tenant before the effective date (July 1, 1959) of the 1959 amendment of section 8 (L. 1959, ch. 809). This amendment does not contain a saving clause; it is all-inclusive; covers and protects all tenants in possession of business space, and now the amendment requires the landlord to offer a tenant in possession under an expired lease, a lease to expire June 30,1961.

The final order should be reversed, with $30 costs, and petition dismissed upon the merits, with costs.

Concur—Steuer, J. P., Hoestadter and Aurelio, JJ.

Final order reversed, etc.

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Per Curiam.

Although the landlord complied with section 8 (subd. [gg], par. [1]) of the Emergency Business Space Rent Control Law (L. 1945, ch. 314, as amd. by L. 1956, ch. 735) by offering the tenant the required lease, it thereafter failed to take the necessary steps to evict the tenant before the effective date (July 1, 1959) of the 1959 amendment of section 8 (L. 1959, ch. 809). This amendment does not contain a saving clause; it is all-inclusive; covers and protects all tenants in possession of business space, and now the amendment requires the landlord to offer a tenant in possession under an expired lease, a lease to expire June 30,1961.

The final order should be reversed, with $30 costs, and petition dismissed upon the merits, with costs.

Concur—Steuer, J. P., Hoestadter and Aurelio, JJ.

Final order reversed, etc.

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Bluebook (online)

28 Misc. 2d 591, 207 N.Y.S.2d 823, 1960 N.Y. Misc. LEXIS 2782, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wek-capital-corp-v-877-ninth-avenue-restaurant-corp-nyappterm-1960.