SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT
February 20, 1969
NOAH'S ARK, DIVISION OF ECKMAR CORP., APPELLANT,
FRED W. GEIB, RESPONDENT
Appeal from judgments of Monroe Trial Term dismissing proceeding to recover real property.
Del Vecchio, J. P., Marsh, Witmer, Gabrielli and Moule, JJ.
Memorandum: The record shows that respondent re-entered his premises peaceably, but is forcibly excluding appellant tenant from reoccupying them. Thus, there is no merit to appellant's claim that it was forcibly evicted. The record also shows that the fire damage to the premises was so extensive (90% of the value thereof) that the landlord was justified in deciding to rebuild and declaring the lease terminated (Corbett v. Spring Garden Ins. Co., 155 N. Y. 389; same case after retrial, opinion 40 App. Div. 628, affd. without opinion, 167 N. Y. 596).
Judgments unanimously affirmed, with costs.
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