Washington Refrigeration Corp. v. Benhermax Corp.

Callahan, J. P.

This appeal presents certain questions with respect to the construction and application of subdivision (k) of section 8 of the Business Rent Law (L. 1945, ch. 314, § 8, subd. [k], added by L. 1949, ch. 535 and last amd. by L.T953, ch. 452). The principal point is whether a proposed lease, which the tenant is asked to match, may be one for only part of a single integrated store occupied by the tenant under a single lease.

The statute (Business Rent Law, § 8) reads, in pertinent part, as follows:

‘‘ § 8. So long as the tenant continues to pay the rent to which the landlord is…