HARLINGTON v. FARMILOE-BURKE


120 Misc.2d 411 (1983)

Harlington Realty Corp., Appellant, v. Farmiloe-Burke Corp., Respondent.

Supreme Court, Appellate Term, Second Department.

March 17, 1983


Attorney(s) appearing for the Case

Mark S. Friedlander for appellant. Courtenay & Courtenay for respondent.

PINO, P. J., and HIRSCH, J., concur; JONES, J., dissents in a separate memorandum.


MEMORANDUM.

Final judgment reversed, without costs, and final judgment of possession is directed to be granted in favor of landlord.

In this commercial holdover proceeding, tenant was granted an option to extend the lease for a period of five years on condition that the lease as extended would provide for payment of a specified increased rental. After the expiration of the lease, tenant remained in possession for some 17 months but continued to pay only the...

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