(Download) "Humble Oil & Refining Company v. 3825 Broadway Corp." by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Humble Oil & Refining Company v. 3825 Broadway Corp.
- Author : Supreme Court of New York
- Release Date : January 03, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
Order, entered December 14, 1964, denying plaintiff's motion for a temporary injunction restraining defendant from interfering with plaintiff's peaceful possession of the premises, unanimously reversed on the law, on the facts and in the exercise of discretion, with $30 costs and disbursements to abide the event, the motion is granted, with $10 costs, and an immediate trial is directed. Concourse Super Service Station, Inc., as Humble's lessee, may have ceased operations, removed its equipment, ceased paying rent to Humble, and abandoned the premises. Plaintiff Humble, however, has at all times paid or tendered payment of rent to Broadway, has kept the premises insured, and has claimed continuing legal possession at all times since delivery of Broadway's notice of intention to terminate the basic lease. Shortly after that notice was given, and long before Broadway's purported termination of the basic lease Humble commenced a summary proceeding against its tenant for possession of the premises. On this showing it is not clear which side will ultimately prevail. While Humble was attempting to gain physical possession from its tenant through a summary proceeding,