435 East Broadway Realty Inc. v. Sun Glen Farms
Opinion of the Court
By an instrument dated September 10, 1952, appellant obtained a twenty-one-year leasehold of an entire building, consisting of apartments and stores, in the borough of Brooklyn. Said agreement provided that the owner had the right to terminate the lease in case of default by appellant, or its failure to comply with any government requirement, or its insolvency. Respondents are two statutory tenants who occupy two separate, adjoining stores, each at an annual rental less than $3,000. On September 23, 1952, appellant leased both of said stores, as an assembled store unit, to a third party for a term of more than ten years, at a rental of $10,000 a year plus 7% of the gross sales in any lease year in which said sales exceeded a specified sum. This lease is noneaneelable, except for violation of any term or obligation thereof or for failure to deliver possession as therein provided. Appellant, as landlord, brought separate, simultaneous summary proceedings in the Municipal Court of the City of New York, Borough of Brooklyn, against both said statutory tenants, to recover possession of said adjoining stores so that it might give occupancy thereof as an assembled store unit pursuant to the aforesaid lease. After trial before the court without a jury, a final order in favor of the
Case-law data current through December 31, 2025. Source: CourtListener bulk data.