Brause v. 2968 Third Avenue, Inc.

Court: Appellate Terms of the Supreme Court of New York
Date filed: 1964-06-04
Citations: 43 Misc. 2d 691, 251 N.Y.S.2d 974, 1964 N.Y. Misc. LEXIS 1693
Copy Citations
2 Citing Cases
Lead Opinion
Per Curiam.

While the trial court erred in holding that the termination provision of the lease was a condition ” rather than a “ conditional limitation ” (see, generally, Burnee Corp. v. Uneeda Pure Orange Drink Co., 132 Misc. 435; Ehret Holding

Page 692
Corp. v. Anderson Galleries, 138 Misc. 722), the court properly had jurisdiction of the subject matter so as to reach a decision on the merits.

The judgment should be affirmed, with $25 costs.

Concur — Gold, J. P., Tilzeb and Hofstadter, JJ.

Judgment affirmed, etc.