Legal Opinion
Edward Tarr, Inc. v. Phoenix Publications, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided February 14, 1956Published
1Opinion of the CourtBergan, J.
Plaintiffs were controlled tenants of commercial store space on the ground and second floors of 425 Madison Avenue. In November, 1954, defendant landlord notified plaintiffs that their tenancies were terminated as of December 31st of that year because of a bona fide offer of rental by another tenant and that they would be evicted if they did not remove before that time. The notice was given in pursuance of subdivision (k) of section 8 of the Business Rent Law (L. 1945, ch. 314, as amd.).
*191This statute (§ 8 generally) insofar as it becomes material here prohibits the removal of any tenant from…
2Cases cited5 opinions
- H. Kauffman & Sons Saddlery Co. v. MillerNew York Court of Appeals · 1948
- Rosner v. Textile Binding & Trimming Co.New York Court of Appeals · 1950
- Sno-Wite, Inc. v. Gerald Operating Corp.New York Court of Appeals · 1948
- Joanette Juniors, Inc. v. Board of Home Missions of the Congregational & Christian ChurchesNew York Court of Appeals · 1949
- Kober v. KopelowitzAppellate Division of the Supreme Court of the State of New York · 1954