400 Madison Avenue Corp. v. Niego

By permission of this court, plaintiff landlord appeals from determination of the Appellate Term reversing a final order of the Municipal Court in favor of the landlord in a summary proceeding under subdivision (k) of section 8 of the Business Rent Law. (L. 1945, ch. 314, as amd. by L. 1949, ch. 535.)

By the statute in question, the Legislature has expressly provided that a proposed lease thereunder shall be “ noncancellable except for violation of any term or obligation of such lease ”. The proposed lease herein in question expressly permits the landlord to cancel if the tenant violates any…