UNITED STATES TR. CO. v. BROADWEST REALTY CORP.


201 Misc. 769 (1951)

United States Trust Company of New York, as Executor and Trustee under The Will of Eugene Higgins, Deceased, Plaintiff, v. Broadwest Realty Corporation, Defendant.

Supreme Court, Special Term, New York County.

June 1, 1951.


Attorney(s) appearing for the Case

Richard S. Baxter, J. Morgan, Jr., and James M. Montgomery for plaintiff.

Thomas Stokes, Robert E. Hoppman and Duane B. Lueders for defendant.


BREITEL, J.

Plaintiff seeks a declaratory judgment, after trial, that the lease, under which defendant holds certain real property, has been forfeited for breach of a covenant to build a twelve-story building on the premises demised.

Plaintiff's testator, as lessor, made a lease of premises located at 94th Street and Broadway in Manhattan to one Healy, a tenant, from whom defendant derives as tenant by...

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