Majority
p. 691Jack Brause et al., Doing Business as Third Ave. Leasing Company, Appellant, v. 2968 Third Avenue, Inc., et al., Respondents. Supreme Court, Appellate Term, First Department, June 4, 1964.
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
p. 692
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., Tilzeb and Hofstadter, JJ.
Judgment affirmed, etc.
Cases cited
- Burnee Corp. v. Uneeda Pure Orange Drink Co. 132 Misc. 435 p. 691
- Louis J. Ehret Holding Corp. v. Anderson Galleries, Inc. 138 Misc. 722 p. 692