Legal Opinion
Fly Hi Music Corp. v. 645 Restaurant Corp.
Civil Court of the City of New York
Decided May 26, 1970PublishedCited by 4 opinions
1Opinion of the CourtBentley Kassal, J.
This is a summary proceeding wherein the landlord seeks to evict tenant as a holdover after the claimed termination of tenant’s lease for a bar and grill. The grounds for the termination consist of the tenant’s failure to cure a Department of Buildings violation pertaining to the premises until after due notice of the termination of the lease and after commencement of the summary proceedings, but before the trial.
The critical issue is whether the tenant’s violation of its lease covenant to comply with all ‘ ‘ requirements of law ’ ’, under these circumstances, is so substantial and gross as…
2Cases cited3 opinions
- Norman S. Riesenfeld, Inc. v. R-W Realty Co.Appellate Division of the Supreme Court of the State of New York · 1928
- Ogden v. HamerAppellate Division of the Supreme Court of the State of New York · 1944
- Lewis v. Clothes Shack, Inc.Civil Court of the City of New York · 1970
3Cited by4 opinions
- Harar Realty Corp. v. Michlin & Hill, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
- Kaydon Acquisition Corp. v v. America Central Industries, Inc.District Court, N.D. Iowa · 2001
- Lake Anne Realty Corp. v. SibleyAppellate Division of the Supreme Court of the State of New York · 1989
- Headless Horseman Entities, Inc. v. AP Petroleum Corp.Justice Court of Village of Sleepy Hollow · 2015