Midtown Properties, Inc. v. Tac-Ole Mexican Foods Inc.

This is a nonpayment summary proceeding.

It appears that by lease dated September 3, 1970 petitioner leased to respondent a store and basement area in premises which respondent “ shall use and occupy * * * for fast food •service restaurant for eat in and take out ”.

This proceeding was instituted upon respondent’s default in the payment of rent due October 1 and November 1, 1971. In its petition the petitioner alleges: “ 4. The premises from which removal is sought were rented for business purposes ”.

During the course of the trial the petition was, on consent, amended to include December, 1971,…