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NERAK REALTY CORP. v. CARGO PACKERS

17 Misc.2d 930 (1959)

Nerak Realty Corp., Respondent, v. Cargo Packers, Inc., Appellant.

Supreme Court, Appellate Term, Second Department.

March 24, 1959.

Attorney(s) appearing for the Case

Jacob W. Friedman for appellant.

Michael Levine for respondent.

Concur — PETTE, DI GIOVANNA and BENJAMIN, JJ.

Per Curiam.

Under the circumstances here disclosed, no summary proceeding is maintainable against the tenant-appellant Cargo Packers, Inc., predicated on the tenant-assignee's nonpayment of rent due under the lease. The landlord's remedy, if it be so advised, is by way of an action at law at which its right to recover the rent here sued for can be litigated and determined (Radlog Realty Corp. v. Geiger, 254 App. Div. 352; S. Z. B. Corp. v. Weinman...

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