Legal Opinion
Burber v. Jilamb Prime Meat, Inc.
Civil Court of the City of New York
Decided August 27, 1982PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
William D. Friedmann, J.
What is a “butcher store” in the current and commonly accepted use of such term?
Landlord’s holdover summary proceeding to recover possession of premises from tenant puts in issue whether tenant’s admitted sale of “Grocery items”, food and nonfood, represents a material departure from the operation of “a butcher store”, thereby violating the restrictive “use” clause in the lease.
The “use clause” in tenant’s lease provided as follows: “to be used and occupied only for a butcher store”, while the standard Blumberg Improved Gilsey form lease (A 183)…
2Cases cited3 opinions
- Bovin v. GalitzkaNew York Court of Appeals · 1929
- 30-88 Steinway Street, Inc. v. H. C. Bohack Co.Civil Court of the City of New York · 1971
- Nathan's Famous, Inc. v. Frankorama, Inc.Civil Court of the City of New York · 1972
3Cited by4 opinions
- In Re Fifth Avenue OriginalsUnited States Bankruptcy Court, S.D. New York · 1983
- Sky Four Realty Co. v. C.F.M. Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
- Card Appeal, Inc. v. Deli-Bake, Inc.New York Supreme Court · 1986
- Benderson v. Wiper Check Inc.Appellate Division of the Supreme Court of the State of New York · 1999