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Maiden Lane Service Stations, Inc. v. Rubin

5 Misc. 2d 328 Court Supreme Court, Appellate Term, First Department, Decision date 1956-12-20 English

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p. 328
Maiden Lane Service Stations, Inc., Respondent, v. Helen C. Rubin et al., Appellants.
Supreme Court, Appellate Term, First Department,
December 20, 1956.
p. 329
Thomas I. Brennan for appellants.
Max Tachna and Paul Bauman for respondent.

In the absence of allegation and proof of plans for the erection of the new structure, the landlord was not entitled to a final order for the purpose of demolishing the existing building.

Upon the termination of the written lease, the tenants became statutory tenants and the jury waiver clause of the lease was carried over into the statutory tenancy (Jamaica Investors v. Blacharsh, 193 Misc. 949 ).

The final order should be reversed, with $30 costs, and final order directed for tenants, with costs. The intermediate order should be affirmed.

Hofstadter, Aurelio and Tilzer, JJ., concur.

Final order reversed, etc.

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