Coast Delicatessen Co. v. Cox's Baths, Inc.

Motion for reargument granted and upon such reargument the motion to dismiss the complaint for failure to state facts sufficient to constitute a cause of action is granted.

In this action a tenant seeks to recover a refund of rent paid in advance pursuant to the terms of a written lease. The premises involved are situated on the Coney Island boardwalk and were used for amusement purposes. Rent for the full year 1939 was payable in four installments, the last of which was paid on August 1, 1939. A fire occurred on October 2, 1939, totally destroying the demised premises.

The lease contains the…