950 THIRD v. EASTLAND INDS.


119 Misc.2d 19 (1983)

950 Third Ave Co., Petitioner, v. Eastland Industries, Inc., Respondent.

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

May 13, 1983


Attorney(s) appearing for the Case

Morton L. Portnoy for petitioner. Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P. C. (Burton R. Ross of counsel), for respondent.


DAVID B. SAXE, J.

The principal issue in this case is whether a landlord may evict a commercial tenant in a holdover proceeding based upon the termination of the lease by the operation of a conditional limitation resulting from the tenant's default in the payment of rent. In deciding this issue, it is necessary to determine whether the respondent's implicit waiver of statutory protections afforded tenants (both residential and commercial) in nonpayment...

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