119 Fifth Ave., Inc.
v.
Taiyo Trading Co., Inc.

Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, First DepartmentMar 14, 1949
275 App. Div. 695 (N.Y. App. Div. 1949)

March 14, 1949.

Present — Peck, P.J., Dore, Cohn, Van Voorhis and Shientag, JJ. [ 190 Misc. 123.]


If, as defendant's papers indicate, the premises were vacated by government decision and direction, performance of the contract was prevented by law and defendant would be relieved of further liability under the lease. It is not sufficiently clear on the affidavits, however, that such was the case, to justify granting summary judgment in favor of defendant. Order unanimously affirmed.