CENT. R.R. GARAGE CORP. v. EASTERN TRANSP. CO., INC.


282 A.D. 1031 (1953)

Central Railroad Garage Corp., Respondent, v. Eastern Transportation Company, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 15, 1953.


Per Curiam.

The action is to recover three months' rent under a twenty-one-year lease. Defendant tenant relies on a notice of cancellation conditioned on its inability to obtain possession of the premises from the statutory tenant within a year. Its proof showed that it could have obtained possession if only it had applied for a final warrant from the Municipal Court during a three-week period immediately preceding the giving of notice of cancellation. Its...

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