Tilbern Realty, Inc. v. Lax Drug Co.

In 1952, plaintiff’s assignor leased to defendants’ predecessors a drug store located in the building at 360 Lenox Avenue, in the Harlem section of New York City. There were renewals from time to time thereafter, the most recent dated September 30, 1967, and running to April 30, 1974.

On April 4, 1968, Martin Luther King, Jr., was murdered: rioting broke out in Harlem. During these disorders, the building at 360 Lenox Avenue was damaged. A few days later, fire demolished the store.

Plaintiff promptly began to repair the premises. Defendants meanwhile informed plaintiff that they did not intend…