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BRAINERD MFG v. DEWEY GARDEN

78 A.D.2d 365 (1981)

Brainerd Manufacturing Co., Appellant, v. Dewey Garden Lanes, Inc., et al., Respondents

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

January 23, 1981

Attorney(s) appearing for the Case

Woods, Oviatt, Gilman, Sturman & Clarke (Samuel P. Merlo of counsel), for appellant.

Lines, Wilkens, Osborn & Beck (Emanuel B. Halper of counsel), for respondents.

CARDAMONE, J. P., DOERR and MOULE, JJ., concur; CALLAHAN, J., dissents and votes to affirm the order on the opinion at Monroe County Court, MARK, J.

HANCOCK, JR., J.

The issue on appeal is whether the circumstances surrounding the landlord's cancellation of a long-term commercial lease because of the tenant's breach of certain terms thereof warrant equitable intervention. Petitioner, the landlord under a 20-year lease of premises to respondent Dewey Garden Lanes, Inc., for use as a bowling center, appeals from an order of Monroe County Court which reversed a judgment of the Town Court of Greece after...

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