WEISSMAN v. DI NOTO


66 A.D.2d 843 (1978)

Alfred Weissman et al., Respondents, v. Dominick Di Noto, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 26, 1978


Order affirmed, with costs.

In our opinion the tenant failed to comply substantially with the provisions of the commercial lease requiring him to (1) keep the sidewalks free from rubbish and (2) relinquish his nonexclusive right to sell candy and tobacco when a subsequent tenant demanded an exclusive right to sell those items. Since the conduct of the tenant did not constitute substantial compliance, the landlords' termination of the lease was proper (see Vanguard...

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