Dress Shirt Sales, Inc. v. Hotel Martinique Associates

Order entered on September 12,1961 unanimously reversed on the law, with $20 costs and disbursements and the motion for summary judgment, made pursuant to rule 113 of the Rules of Civil Practice, granted, with $10 costs to the appellants. This determination is without prejudice to any action respondent may be advised to bring based upon any tenable theory not included in the present pleading. Respondent tenant, the occupant of certain premises owned by appellant, moved out while its lease was still operative. Respondent offered a prospective tenant to the appellant landlord, which was…