Margana Realty Corp. v. Ellis

Full title: MARGANA REALTY CORP. et al., Respondents, v. VELENA ELLIS, Appellant

Court: Supreme Court, Appellate Term, First Department

Date published: Jan 17, 1957

8 Misc. 2d 894 (N.Y. App. Term 1957)

160 N.Y.S.2d 662

Opinion

January 17, 1957

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, JOSEPH RAIMO, J.

Henry R. Williams for appellant.

Patrick J. Mahoney for respondents.

Per Curiam.

The only space tenant occupies to conduct her garage business is on the second floor, ingress and egress to which is by means of a ramp from the street floor or level. She does not occupy any space on the street floor. Since she does not conduct any business on the street floor, the space she occupies does not constitute a store within the meaning of subdivision (c) of section 2 and subdivision (k) of section 8 of the Commercial Rent Law (L. 1945, ch. 3, as amd.) entitling landlord to require tenant to match a lease it has made with a prospective tenant.

The final order should be reversed, with $30 costs, and petition dismissed, with costs.

HECHT, AURELIO and TILZER, JJ., concur.

Final order reversed, etc.