Adamsky v. Mendes

This action of contract was begun in a District Court to recover rent reserved in a written lease. The defendant in his answer admits entering into the lease but alleges that the occupation of the premises for the purposes set forth in the lease has been determined to be a violation of the zoning laws and that by reason thereof the lease came to an end and he was relieved from liability by the express terms of the lease. The judge found for the defendant and a report to the Appellate Division was dismissed. The plaintiff appealed.

The lease was for the term of one year commencing July 6, 1948,…