MADISON v. DIET GOURMET


120 Misc.2d 486 (1983)

Madison Lexington Venture, Respondent, v. Diet Gourmet Shoppe of New York, Inc., Appellant.

Supreme Court, Appellate Term, First Department.

May 24, 1983


Attorney(s) appearing for the Case

Opton Handler Gottlieb & Feiler (Paul M. Godlin of counsel), for appellant. Abrams Lerner Kisseloff & Kissin (Jack Newton Lerner of counsel), for respondent.

DUDLEY, P. J., SULLIVAN and SANDIFER, JJ., concur.


Per Curiam.

Order dated July 9, 1982, affirmed, with $10 costs.

The parties are assignee landlord and tenant under a commercial lease which was to expire July 31, 1986. Landlord brought holdover proceedings to obtain possession, exercising its right to unilaterally terminate the lease in order to proceed with demolition. In settlement of the summary proceeding, tenant consented to the entry of a final judgment in landlord's favor on December 1, 1981...

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