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COCA-COLA BOTTLING CO. OF N. Y. v. VANNECK

280 A.D. 448 (1952)

Coca-Cola Bottling Company of New York, Inc., Respondent, v. John Vanneck et al., Appellants

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

July 1, 1952.

Attorney(s) appearing for the Case

Percival E. Jackson of counsel (Theodore N. Tarlau with him on the brief; Pervical E. Jackson, attorney), for appellants.

Harold H. Levin of counsel (Sidney J. Silberman with him on the brief; Proskauer Rose Goetz & Mendelsohn, attorneys), for respondent.

DORE, J., concurs with PECK, P. J.; CALLAHAN, J., concurs in opinion; COHN, J., dissents and votes to affirm on the opinion of BENVENGA, J., at Trial Term. (.)

PECK, P. J.

The question in this case is the proper division of a condemnation award, pursuant to a contract of lease by which defendants, as landlord, agreed to erect a building for plaintiff, as tenant, in accordance with plaintiff's specifications for its bottling and distributing business. The specifications were incorporated in the lease and it was provided that the cost of the construction was to be paid...

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