Times Square Stores Corp. v. Bernice Realty Co.

In an action for a judgment declaring the rights of the plaintiff under a lease, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Vaccaro, J.), entered September 1, 1987, which, after a nonjury trial, declared the plaintiff to be in violation of the lease on the ground that it was operating a business on the premises in violation of the certificate of occupancy.

Ordered that the judgment is reversed, on the law and the facts, with costs, and it is declared that the defendant’s refusal to execute an application for an altered certificate of occupancy is unreasonable,…