SIMON CO. v. DWAKE


197 Misc. 1090 (1950)

I. Simon Company, Inc., Landlord, Respondent, v. Jack S. Dwake, Tenant, Appellant, and Samuel Gindi et al., Undertenants, Appellants.

Supreme Court, Appellate Term, First Department.

March 23, 1950.


Attorney(s) appearing for the Case

Marvin L. Lothstein for appellants.

Murray Simon for respondent.

HAMMER and HECHT, JJ., concur in Per Curiam memorandum; EDER, J., dissents in opinion.


Per Curiam.

The provision of the lease by which the owner gave permission to the lessee, landlord here, to make any structural alteration or addition now or at any future time on condition that the lessee obtain written consent of the mortgagee and furnish a surety company completion bond to the owner, was made for the benefit of the owner, the mortgagee and the lessee. The owner and mortgagee could waive or insist...

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