Teitelbaum v. Direct Realty Co.

This action, tried by the court without a jury, is to recover $25,000, plaintiff’s alleged damages for defendant’s failure to deliver possession of the store at 61 Main street, Hemp-stead, N. Y., under a written lease dated February 10, 1938.

At the time the lease was made, the store was occupied by Abe and Dorothy Fergang under a lease expiring June 30, 1938. For many years, plaintiff had operated a drug store a few doors away from the leased premises.

Plaintiff was to take possession on July 1, 1938, make the necessary alterations and installations and open his new drug store on August 1,1938.