Planetary Recreations, Inc. v. Kern, Inc.

This is an action in conversion based on an alleged .violation of section 233 of the Real Property Law (L. 1935, ch. 581) as in effect during the period between July 24, 1941, and April 16, 1942, when the events involved in this lawsuit transpired.

The facts are these: the defendant corporation planned to open and operate a restaurant and bar at 711 Seventh Avenue, in the city of New York. In connection therewith, it entered into an agreement with the plaintiff corporation, whereby the latter was to be given certain concession privileges, permitting plaintiff’s employees to visit the tables of…