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Brause v. 2968 Third Ave., Inc.

Supreme Court, Appellate Term, First Department
Jun 4, 1964
43 Misc. 2d 691 (N.Y. App. Term 1964)

Opinion

June 4, 1964

Appeal from the Civil Court of the City of New York, Bronx County, SIDNEY H. ASCH, J.

Keating Brodkin ( Albert H. Brodkin of counsel), for appellant.

Martin A. Jacobs ( Richard Steel of counsel), for respondents.


While the trial court erred in holding that the termination provision of the lease was a "condition" rather than a "conditional limitation" (see, generally, Burnee Corp. v. Uneeda Pure Orange Drink Co., 132 Misc. 435; Ehret Holding Corp. v. Anderson Galleries, 138 Misc. 722), the court properly had jurisdiction of the subject matter so as to reach a decision on the merits.

The judgment should be affirmed, with $25 costs.

Concur — GOLD, J.P., TILZER and HOFSTADTER, JJ.

Judgment affirmed, etc.


Summaries of

Brause v. 2968 Third Ave., Inc.

Supreme Court, Appellate Term, First Department
Jun 4, 1964
43 Misc. 2d 691 (N.Y. App. Term 1964)
Case details for

Brause v. 2968 Third Ave., Inc.

Case Details

Full title:JACK BRAUSE et al., Doing Business as THIRD AVE. LEASING COMPANY…

Court:Supreme Court, Appellate Term, First Department

Date published: Jun 4, 1964

Citations

43 Misc. 2d 691 (N.Y. App. Term 1964)
251 N.Y.S.2d 974

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