JANET LEASING CORP. v. Di PIERRE


14 Misc.2d 1066 (1958)

Janet Leasing Corporation, Respondent, v. Gilda Di Pierre, Appellant.

Supreme Court, Appellate Term, First Department.

October 30, 1958.


Attorney(s) appearing for the Case

Frank N. Percaccia and Bernard Meyerson for appellant.

Curtis Katz for respondent.

Concur — HOFSTADTER, J. P., AURELIO and TILZER, JJ.


Per Curiam.

A landlord cannot institute and maintain summary proceedings to evict a statutory tenant in possession of business space, under subdivision (k) of section 8 of the Business Rent Law (L. 1945, ch. 314, as amd.) where the proposed lease permits the landlord to cancel the lease if the new tenant is unable to obtain the consent of the State Liquor Authority for the operation of a restaurant and bar, as such...

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