Opinion
June 4, 1964
Appeal from the Civil Court of the City of New York, Bronx County, SIDNEY H. ASCH, J.
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 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., TILZER and HOFSTADTER, JJ.
Judgment affirmed, etc.