BURBER v. JILAMB MEAT


115 Misc.2d 976 (1982)

Sal Burber, Petitioner, v. Jilamb Prime Meat, Inc., Respondent.

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

August 27, 1982


Attorney(s) appearing for the Case

Barry Richard Bondorowsky for petitioner. Rosenthal, Curry & Hasemann (John E. Curry of counsel), for respondent.


WILLIAM D. FRIEDMANN, J.

What is a "butcher store" in the current and commonly accepted use of such term?

Landlord's holdover summary proceeding to recover possession of premises from tenant puts in issue whether tenant's admitted sale of "Grocery items", food and non-food, represents a material departure from the operation of "a butcher store", thereby violating the restrictive "use" clause in the lease.

The "use clause" in tenant's lease...

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