MATTER OF KEARNS v. BARNEY'S CLOTHES


38 Misc.2d 787 (1963)

In the Matter of George J. Kearns, as Agent of Sarah H. Morgan and The Estate of Gertrude C. Sherwood, Landlord, v. Barney's Clothes, Inc., Tenant.

Civil Court of the City of New York, Trial Term, New York County.

March 29, 1963


Attorney(s) appearing for the Case

Saxe, Bacon & O'Shea (Richard Maidman and George Deshensky of counsel), for landlord. Zurkow & Jobrack (Arthur Karger of counsel), for tenant.


MAXWELL SHAPIRO, J.

Landlord institutes this holdover proceeding to oust the store tenant because the tenant keeps its retail men's clothing store open on Sundays.

The tenant is a well-known retail clothier, who, particularly by radio, for many years, has advertised its location to the public. It has occupied the store premises for upwards of 30 years and presently is in possession pursuant to a lease...

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