Silver's Lunch Stores, Inc. v. Behman

The action is in ejectment. Its object is to recover the possession of premises No. 365 Fulton street, Brooklyn, together with damages in the sum of $50,000. Its basis is- a lease entered into February 9, 1918, between defendants Behman and the Silver Lunch Company, for a term commencing May 15, 1918, and ending May 1, 1939. The Silver Lunch Company, on August 17, 1921, merged with the plaintiff in this action and its interest in the lease was transferred to plaintiff.

The Silver Lunch Company thereafter sold its restaurant business to the St. Elmo Lunch Company, Inc., and on April 9, 1920,…