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EAST SIDE CAR v. K.R.K. CAPITOL

102 A.D.2d 157 (1984)

East Side Car Wash, Inc., Appellant, v. K.R.K. Capitol, Inc., Respondent, and Getty Refining and Marketing Company, Intervenor-Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

June 12, 1984

Attorney(s) appearing for the Case

Michael P. Zweig of counsel (Jill E. Newfield with him on the brief; Hess Segall Guterman Pelz Steiner & Barovick, attorneys), for appellant.

Frederick S. Gold of counsel (Marybeth C. Sullivan with him on the brief; Schupak Rosenfeld Fischbein Bernstein & Tannenhauser, attorneys), for respondent.

George A. Burrell, P. C., for intervenor-respondent.

SANDLER, J. P., SILVERMAN, BLOOM and KASSAL, JJ., concur.

ASCH, J.

Since May, 1982, plaintiff East Side Car Wash, Inc., has operated a car wash, parking lot and gasoline station at 1770 First Avenue in Manhattan, as the sublessee of said premises, with the sublease running into the year 2010. The sublease was assigned to plaintiff with the consent of sublessor defendant K.R.K. Capitol, Inc. K.R.K. Capitol, Inc., was not the original sublessor either, but rather obtained...

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