Appellate Terms of the Supreme Court of New York, 1964

Brause v. 2968 Third Avenue, Inc.

Appellate Terms of the Supreme Court of New York · Decided June 4, 1964

43 Misc. 2d 691; 251 N.Y.S.2d 974; 1964 N.Y. Misc. LEXIS 1693

Counsel

Keating & Brodkin (Albert H. Brodkin of counsel), for appellant. Martin A. Jacobs (Richard Steel of counsel), for respondents.

Opinion of the Court

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 *692Corp. 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.

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