SELF SERV. SUPER MKT. v. HARRIS


199 Misc. 476 (1950)

Self Service Super Market, Inc., Landlord, Respondent, v. Benjamin Harris, Tenant, Appellant, and Nathan Tessler et al., Undertenants, Appellants.

Supreme Court, Appellate Term, First Department.

July 13, 1950.


Attorney(s) appearing for the Case

Karl Propper for tenant, appellant.

Herman H. Wallberg for Nathan Tessler and others, undertenants, appellants.

William Bregman for George Tiefer and another, copartners doing business as Tiefer & Seiderbaum, undertenants, appellants.

Louis Susman for respondent.

HAMMER, HOFSTADTER and PECORA, JJ., concur.


Per Curiam.

Landlord failed to offer the tenant a lease containing the same terms and conditions as those offered to the prospective tenant and thereby failed to comply with the requirements of subdivision (k) of section 8 of the Business Rent Law (L. 1945, ch. 314, as amd.).

The final order should be reversed, with $30 costs as of one appeal and petition dismissed, with costs.

Final order...

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