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SEAPORT P'SHIP v. JADE

151 Misc.2d 725 (1991)

South Street Seaport Ltd. Partnership, Petitioner, v. Jade Sea Restaurant, Inc., Respondent.

Civil Court of the City of New York, New York County.

June 12, 1991

Attorney(s) appearing for the Case

Goldrod & Stollow (Barry Goldrod of counsel), for respondent. Corwin & Solomon (Clifford M. Solomon and Mitchell D. Goldberg of counsel), for petitioner.

WALTER TOLUB, J.

This is a commercial holdover proceeding, in which the respondent moves to dismiss the petition on the grounds that the clause in the lease upon which the petitioner bases this action is a condition subsequent precluding the petitioner from maintaining a summary proceeding. The motion to dismiss is granted.

Respondent took possession of the demised premises in August of 1987 as assignee...

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