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W. F. M. REST. v. AUSTERN

35 N.Y.2d 610 (1974)

W. F. M. Restaurant, Inc., Appellant, v. Emanuel Austern et al., Respondents.

Court of Appeals of the State of New York.

Decided December 20, 1974.

Attorney(s) appearing for the Case

H. Stephen Edelman, Harris Levin and Philip R. Mann for appellant.

Bernard S. Meyer and Stephen P. Seligman for respondents.

Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS concur.

Chief Judge BREITEL.

The tenant under a valuable long-term lease brought this action for a declaratory judgment to relieve it from the exercise of landlords' option to terminate the lease under the lease bankruptcy clause. It appeals from determinations in favor of landlords in the courts below on cross motions for summary judgment.

The petition for involuntary...

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