FRANZO & RESCINITI v. DUVA & CINNANTE


4 Misc.2d 984 (1956)

Franzo & Resciniti, Inc., Landlord, v. Joseph Duva & John Cinnante, Tenant, and Post Waste Material Inc., et al., Undertenants.

Municipal Court of the City of New York, Borough of The Bronx.

September 17, 1956.


Attorney(s) appearing for the Case

Pratt & Pratt for landlord.

William J. Williams for tenant and undertenants.


ARTHUR WACHTEL, J.

The landlord brings this proceeding on the basis of the fire clause, article 10 of the lease, and relies upon a limitation of the term provided therein. This clause provides as follows: "If the demised premises are totally damaged or are rendered wholly untenantable by fire or other cause, and if Landlord shall decide not to restore or not to rebuild the same, or if the building shall be so...

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