GARDINER PROPS. v. LEIDER & SON


199 Misc. 824 (1951)

Gardiner Properties, Inc., Plaintiff, v. Samuel Leider & Son, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

May 21, 1951.


Attorney(s) appearing for the Case

McDermott, Turner & Hart for plaintiff.

Irving Rosenfeld for defendants.


KOCH, J.

Plaintiff and defendant corporation entered into an agreement by the terms of which plaintiff was to obtain a lease for ninety-nine years at a rental of $5,000 per annum. Plaintiff was to construct a theatre building with stores. There was to be no other use of the premises. When the time came to erect the structure, Federal restrictions on the use of the required materials was a bar to construction. Some issue exists as to whether or not it...

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