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GRABINO v. HOWARD STORES

110 Misc.2d 591 (1981)

Eric H. Grabino et al., Petitioners, v. Howard Stores Corporation et al., Respondents.

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

July 1, 1981

Attorney(s) appearing for the Case

Goldshmidt, Fredericks, Kurzman & Oshatz (Kevin O'Rourke Moore of counsel), for petitioners. Constance Moss for Howard Stores Corporation, respondent. Anthony Limitone, Jr., for Burger King Corporation, respondent.

BERNARD FUCHS, J.

Petitioners in this holdover summary proceeding seek to recover possession of the premises from respondents, Howard Stores Corporation, the lessee and alleged successive sublessees.

Under paragraph "7" of the lease, captioned "Conditional Limitation and Re-entry", landlord may terminate the lease for nonpayment of rent by giving the tenant five days' written notice. The pertinent language of the paragraph is as follows: "7. If...

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