W. F. M. REST. v. AUSTERN


75 Misc.2d 350 (1973)

W. F. M. Restaurant, Inc., Plaintiff, v. Emanuel Austern et al., Defendants.

Supreme Court, Special Term, Nassau County.

June 22, 1973


Attorney(s) appearing for the Case

Levin & Weintraub for plaintiff. Fink, Weinberger, Levin & Charney for defendants.


DANIEL G. ALBERT, J.

Plaintiff instituted this action for judgment declaring that the lease between plaintiff and defendants remains in force and effect despite the filing of an involuntary petition in bankruptcy against plaintiff which, according to the literal terms of the lease, had the effect of authorizing the defendant landlords to terminate such lease. Both parties seek summary judgment, and it is hence conceded that there is no triable issue of...

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