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.