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FIFTH AVENUE CO. v. FINN

No. 205.

146 F.2d 592 (1944)

FIFTH AVENUE CO., Inc., v. FINN. In re CHILDS CO.

Circuit Court of Appeals, Second Circuit.

December 28, 1944.

Attorney(s) appearing for the Case

Lorenz, Finn & Lorenz, of New York City (Joseph Lorenz, of New York City, of counsel), for appellant.

Birrell & Birrell, of New York City (Theodore E. Larson, of New York City, of counsel), for appellee.

Before SWAN, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

SWAN, Circuit Judge.

This appeal questions the correctness of the District Court's ruling that a landlord validly exercised an option to terminate the tenant's lease. The debtor, which operates a chain of restaurants, in 1931 leased from the appellee's predecessor in title the land and building located at 1551 Broadway. The lease was to run for a term ending May 1, 1947, and carried an annual net rental of $49,000.1 Paragraph 2 of the...

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