SILVERMAN v. TARTAN OIL CORP.


228 A.D.2d 428 (1996)

643 N.Y.S.2d 416

Jack Silverman et al., Respondents, v. Tartan Oil Corp., Appellant

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

June 3, 1996


Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the defendant's contention, termination of the lease was not the plaintiffs' exclusive remedy for the defendant's failure to pay rent (see, Terminal Cent. v Modell & Co., 212 A.D.2d 213).

The plaintiffs' contention that this Court should sua sponte grant their cross motion...

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