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TSS-SEEDMAN'S, INC. v. ELOTA REALTY CO.

72 N.Y.2d 1024 (1988)

Tss-Seedman's, Inc., Respondent, v. Elota Realty Company, Appellant. (Action No. 1.) Tss-Seedman's, Inc., Respondent, v. Elota Realty Company, Appellant. (Action No. 2.)

Court of Appeals of the State of New York.

Decided October 25, 1988.

Attorney(s) appearing for the Case

Robert M. Calica and Myra P. Lapidus for appellant.

Ignatius John Melito and Susan C. Zuckerman for respondent.

Chief Judge WACHTLER and Judges SIMONS, ALEXANDER, HANCOCK, JR., and BELLACOSA concur; Judge TITONE dissents and votes to reverse in an opinion; Judge KAYE taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff tenant and defendant landlord entered into two leases for separate parcels of real property. Each lease contained a notice of default and termination clause which stated, in part, that, in the event the tenant defaults in its payment of rent, the landlord "may give written notice to the Tenant", specifying the default and stating...

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