Legal Opinion
Elkar Realty Corp. v. Kamada
Appellate Division of the Supreme Court of the State of New York
Decided July 1, 1958PublishedCited by 8 opinions
1Opinion of the CourtBergan, J.
In September, 1956 the landlord and tenant entered into a lease for 10 years of “ the parlor floor front and back ” in 237 West 105th Street. These premises were to be used for “ a tea room and restaurant and for no other purpose ”.
The weight bearing capacity of the floor thus demised as shown by the certificate of occupancy of the department of housing and buildings of the City of New York was 75 pounds “ live load ” per square foot and the permissible use under the certificate would be a store, office, or show room.
The statutory requirement for a restaurant contemplates a floor capable of…
2Cases cited2 opinions
- Municipal Metallic Bed Manufacturing Corp. v. DobbsNew York Court of Appeals · 1930
- Hart v. . City Theatres Co.New York Court of Appeals · 1915
3Cited by8 opinions
- Rittenhouse v. Barclay White Inc.Superior Court of Pennsylvania · 1993
- Phillips & Huyler Associates v. FlynnAppellate Division of the Supreme Court of the State of New York · 1996
- Jack Kelly Partners LLC v. ZegelsteinAppellate Division of the Supreme Court of the State of New York · 2016
- Kosher Konvenience, Inc. v. Ferguson Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1991
- Two Catherine Street Management Co. v. Yam Keung YeungAppellate Division of the Supreme Court of the State of New York · 1989
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