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119 Fifth Ave., Inc. v. Taiyo Trading Co.

Supreme Court of New York, Appellate Division First Department

March 14, 1949

No Number in Original

Opinion

 [**1]  Memorandum Opinion

 [*695]  If, as defendant's papers indicate, the premises were vacated by government decision and direction, performance of the contract was prevented by law and defendant would be relieved of further liability under the lease.  It is not sufficiently clear on the affidavits, however, that such was the case, to justify granting summary judgment in favor of defendant. Order unanimously affirmed. Present - Peck, P.J., Dore, Cohn, Van Voorhis and Shientag, JJ. [190 Misc. 123.]  

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275 A.D. 695 *; 1949 N.Y. App. Div. LEXIS 4055 **; 87 N.Y.S.2d 430

119 FIFTH AVE., INC., Respondent-Appellant, v. TAIYO TRADING CO., INC., Appellant-Respondent.