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RALEIGH ASSOCS., INC., v. HENRY

302 N.Y. 467 (1951)

Raleigh Associates, Inc., Appellant and Respondent, v. Ryder Henry II, as Administrator with the Will Annexed of Emily S. Jackson, Deceased, Respondent and Appellant.

Court of Appeals of the State of New York.

Decided May 24, 1951

Attorney(s) appearing for the Case

Samuel Gottlieb, Howard D. Pack, Joseph P. Segal and Walter P. Arenwald for plaintiff, appellant and respondent.

Chester Bordeau and Robert F. Little for defendant, respondent and appellant.

LOUGHRAN, Ch. J., LEWIS and CONWAY, JJ., concur with FULD, J.; FROESSEL, J., dissents in opinion in which DESMOND and DYE, JJ., concur.

FULD, J.

This action was brought by plaintiff-tenant to obtain a judgment (1) declaring its right to exercise an option to renew a lease for a further term of twenty-one years and (2) fixing its total annual rental upon such renewal at $12,000, with no obligation to pay real estate taxes or other charges.

In 1927, Henry Gluck as tenant and Emily Jackson as landlord entered into a twenty-one-year lease...

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