Hide Fuel Corp. v. Tomasone — 5 Misc. 2d 918

Majority

p. 918

Hide Fuel Corp., Appellant, v. Dominick Tomasone, Respondent.

Supreme Court, Appellate Term, First Department,

December 13, 1956.

Samuel Greenstein for appellant.

George H. Parker for respondent,

The lease of the entire parking lot made to the tenant by the receiver, the predecessor in interest of the landlord herein, on April 1, 1953, was not a lease of the same space theretofore occupied by the tenant for the storage of his truck. The lease was, therefore, to a person not in possession of the demised space at the time of its execution (Commercial Rent Law, § 13; L. 1945, ch. 315, as amd. by L. 1952, ch. 416); since the lease was executed after March 31, 1950, the Commercial Rent Law was inapplicable to the space. The landlord was, therefore, entitled to a final order.

The final order should be reversed, with $30 costs, and final order directed for the landlord, with costs.

Hofstadter, Aurelio and Tilzer, JJ., concur.

Final order reversed, etc.