UTIL. GARAGE CORP. v. NAT'L BISCUIT CO.


71 A.D.2d 578 (1979)

Utility Garage Corporation, Respondent, v. National Biscuit Company, Appellant, et al., Defendant

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

July 10, 1979


On September 28, 1959, plaintiff leased to the defendants parts of a certain building for a period fixed to expire on February 28, 1980. In February, 1978, after informing plaintiff by letter that the premises had become "untenantable", defendant began to withhold rent. In return letters dated February 27, and March 16, 1978, respectively, plaintiff denied that the premises were untenantable and notified defendant as required by a lease provision that an action would be commenced...

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