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WONFORO REALTY v. WACHTEL

13 Misc.2d 461 (1958)

Wonforo Realty, Inc., Appellant, v. Joseph S. Wachtel, Respondent.

Supreme Court, Appellate Term, First Department.

June 19, 1958.

Attorney(s) appearing for the Case

Edward Davis for appellant.

Joseph S. Wachtel, respondent in person.

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

Per Curiam.

Since the tenant was in possession under an unexpired lease and not as a statutory tenant, the landlord could evict for violation of an obligation of the lease only by exercising the right to terminate the lease given by the conditional limitation clause (Almarine Realty Corp. v. Stern, 203 Misc. 190; Parkton Estates v. Metcalf, 72 N.Y.S.2d 324; 89-09 Sutphin Corp. v. Scarinzi, 187 Misc. 536...

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