WARNER BROS. PICTURES v. SOUTHERN TIER THEATRE CO.


279 A.D. 309 (1952)

Warner Bros. Pictures, Inc., Appellant, v. Southern Tier Theatre Co., Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 9, 1952.


Attorney(s) appearing for the Case

Clayton R. Lusk for appellant.

Wilfrid E. Rhodes for respondent.

FOSTER, P. J., HEFFERNAN, BREWSTER and COON, JJ., concur.


BERGAN, J.

Defendant is the owner of a theatre building in Elmira. In 1925 it leased the real property together with certain personal property usable for theatre purposes. By assignment plaintiff became the tenant.

The lease contained this clause: "Landlord agrees with reasonable diligence to repair the damage where the premises are rendered untenantable by fire or the elements."

A new lease was...

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