MARGANA REALTY CORP. v. ELLIS

Per Curiam.

The only space tenant occupies to conduct her garage business is on the second floor, ingress and egress to which is by means of a ramp from the street floor or level. She does not occupy any space on the street floor. Since she does not conduct any business on the street floor, the space she occupies does not constitute a store within the meaning of subdivision (c) of section 2 and subdivision (k) of section 8 of the Commercial Rent Law (L. 1945, ch. 3, as amd.) entitling landlord to require tenant to match a lease it has made with a prospective tenant.

The final order should be reversed, with $30 costs, and petition dismissed, with costs.

HECHT, AURELIO and TILZER, JJ., concur.

Final order reversed, etc.