FAIRFIELD v. 717 PHARMACY


109 Misc.2d 1072 (1981)

Fairfield Lease Corp., Plaintiff, v. 717 Pharmacy, Inc., Doing Business as Pearl Pharmacy, et al., Defendants.

Civil Court of the City of New York, Bronx County.

July 22, 1981


Attorney(s) appearing for the Case

Harold N. Kaufman for plaintiff. Kalb, Rosenfeld & Essig for defendant.


EDWARD H. LEHNER, J.

The question raised herein relates to the enforceability of an acceleration clause in a lease for personal property which does not contain a provision authorizing repossession upon a default in payment of rent.

FACTS

Plaintiff is assignee of the lessor under a lease agreement dated November 10, 1978 between U-Vend, Inc., as lessor and defendant as lessee for the rental of a soda vending machine. The lease commenced...

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