W. F. M. Restaurant, Inc. v. Austern

Plaintiff instituted this action for judgment declaring that the lease between plaintiff and defendants remains in force and effect despite the filing of an involuntary petition in bankruptcy against plaintiff which, according to the literal terms of the lease, had the effect of authorizing the defendant landlords to terminate such lease. Both-parties seek summary judgment, and it is hence conceded that there is no triable issue of fact to bar the granting of summary relief.

On November 4, 1970 plaintiff was assigned the subject lease by the prior tenant; in December, 1972 no rent was paid; on…