S. M. Rose Corp. v. Todini

The lessee landlord moves to strike this case from the Jury Calendar. The tenant makes a cross motion to dismiss the petition pursuant to rule 106 of the Rules of Civil Practice. Obviously, if the motion to dismiss prevails, there is no need to consider the motion to strike the case from the Jury Calendar.

The question arising upon the motion to dismiss is whether the provisions of the lease constitute a condition subsequent or a conditional limitation. If they constitute a condition subsequent, then the motion to dismiss must be granted.

The provisions of the lease are as follows:

“ The…