Teresi v. Gina Belmonte Corp.

Plaintiffs appeal from the dismissal of their Forcible Entry and Detainer (FED) action against defendant corporation to recover possession of a parcel of commercial property. The property was originally leased to defendant’s assignors under a written lease executed in 1965. In 1971 the lease was assigned to defendant. The premises were actually occupied by third persons who operated various separate businesses therein.

Plaintiffs contended that they were entitled to recover possession because defendant breached its covenant to pay the real property taxes.

Following a trial to the court, the…