119 Fifth Ave., Inc. v. Taiyo Trading Co.
Supreme Court of New York, Appellate Division First Department
March 14, 1949
No Number in Original
[**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.] Read The Full CaseNot a Lexis Advance subscriber? Try it out for free.
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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.