C. L. HOLDING CORP. v. SCHUTT COURT HOMES


280 A.D. 341 (1952)

C. L. Holding Corp., Respondent, v. Schutt Court Homes, Inc., et al., Appellants

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

June 18, 1952.


Attorney(s) appearing for the Case

Jacob Rapoport of counsel (Nathan J. Gottlieb with him on the brief; Jacob Rapoport, attorney), for appellants.

Arthur N. Field for respondent.

PECK, P. J., and COHN, J., concur with BERGAN, J.; CALLAHAN, J., dissents in opinion in which VAN VOORHIS, J., concurs.


BERGAN, J.

Plaintiff as landlord entered into a written lease with defendant Schutt Court Homes, Inc., for rental of a store. The lease provided that the tenant should use the premises "for the sale of groceries, meats, fruits, vegetables, beer and other types of food products".

The proof is that defendant's sublessee, Flag Stores, Inc., sells meat which is prepared for sale before it comes to the store...

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