HIDE FUEL CORP. v. TOMASONE


5 Misc.2d 918 (1956)

Hide Fuel Corp., Appellant, v. Dominick Tomasone, Respondent.

Supreme Court, Appellate Term, First Department.

December 13, 1956.


Attorney(s) appearing for the Case

Samuel Greenstein for appellant.

George H. Parker for respondent.

HOFSTADTER, AURELIO and TILZER, JJ., concur.


Per Curiam.

The lease of the entire parking lot made to the tenant by the receiver, the predecessor in interest of the landlord herein, on April 1, 1953, was not a lease of the same space theretofore occupied by the tenant for the storage of his truck. The lease was, therefore, to a person not in possession of the demised space at the time of its execution (Commercial Rent Law, § 13; L. 1945, ch. 315, as amd....

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