Low v. Humble Oil & Refining Co.

Appeal from an order of the Supreme Court at Special Term, entered February 9, 1968 in Broome County, which granted plaintiff’s motion for summary judgment, and from the judgment entered thereon. On January 10, 1955 plaintiff leased to defendant’s predecessor certain land upon which he had erected a gasoline service station. The property was located at the comer of Gaskill Avenue (also known as route 11) and 7th North Street in the Town of Salina. The lease contained the following clause: “ (12) If the premises or any part thereof shall be taken by or pursuant to governmental authority or…