ADAMS DRUG CO., INC. v. KNOBEL


64 N.Y.2d 768 (1985)

Adams Drug Co., Inc., Appellant, v. Franklin Knobel et al., Respondents.

Court of Appeals of the State of New York.

Decided January 15, 1985.


Attorney(s) appearing for the Case

Earl Barrison for appellant.

J. Stanley Shaw and Jesse I. Levine for respondents.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS and KAYE concur in memorandum; Judge ALEXANDER taking no part.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and a new trial granted.

Under the fire clause of a lease providing that if more than 50% of the gross area of the building is destroyed by fire and reasonably cannot be restored to its preexisting condition within 120 days the landlord may, if he decides not to rebuild, terminate the lease, the landlord may not, though the other conditions...

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