Self Service Super Market, Inc. v. Harris

Burke, J. (dissenting).

I dissent. The decision of the majority seems to me to be without basis in the law and contrary to public policy.

Defendant occupied store space as a statutory tenant pursuant to the Business Rent Law (L. 1945, ch. 314, as amd.) in a New York City building owned by plaintiff corporation. On December 29,1949 plaintiff landlord offered to enter into a lease with defendant to commence February 1,1950 assertedly on the *624same terms and conditions contained in a provisional lease entered into between plaintiff and a third party. The lease called for an increase of approximately…