Appellate Terms of the Supreme Court of New York, 1959

Ten Fifth Avenue Corp. v. Baker

Appellate Terms of the Supreme Court of New York · Decided June 11, 1959

23 Misc. 2d 564; 189 N.Y.S.2d 69; 1959 N.Y. Misc. LEXIS 3500

Counsel

Allan D. Emil and Melvin A. Albert for appellant., Henry A. Drescher for respondent.

Opinion of the Court

Per Curiam.

The intent of the statute was not to require the proffer of a two-year lease, but the offer of a lease after June 1, *5651956, to expire on June 30, 1958. (Business Rent Law, § 8, subd. [gg], par. [1]; L. 1945, ch. 314, as amd.; Report of Temporary Commission to Study Rents and Rental Conditions, N. Y. Legis. Doe., 1956, No. 57; Clark-Wile & Mayer v Littman, N. Y. L. J., Jan. 9,1959, p. 10, col. 6, motion for leave to appeal denied 7 A D 2d 901.)

The lease proffered to the tenant was on substantially similar terms and conditions as the existing tenancy.

The final order should be reversed, with $30 costs, and final order directed for the landlord as prayed for in the petition, with costs.

Concur — Hofstadter, J. P., Stbtjer and Tilzer, JJ.

Final order reversed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.