Drislane v. State

Claimants-respondents have an award of damages in the amount of the unpaid rental under their lease to the State of certain office space for the use of the then Division of Placement and Unemployment Insurance, hereinafter referred to as the “Division”. The State vacated the premises when nine months of the term remained.

As required by the State Finance Law (§ 161-a, subd. 2), the lease contained the provisions that 1 ‘ the contract of the State hereunder shall be deemed executory only to the extent of the moneys available to the Commissioner of Standards and Purchase for the leasing of said…