Brause v. 2968 Third Avenue, Inc. , 43 Misc. 2d 691 ( 1964 )

Per Curiam.

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., Tilzeb and Hofstadter, JJ.

Judgment affirmed, etc.