GARDINER PROPS. v. LEIDER & SON


279 A.D. 470 (1952)

Gardiner Properties, Inc., Appellant, v. Samuel Leider & Son, Inc., et al., Respondents

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

March 11, 1952.


Attorney(s) appearing for the Case

Robert W. Cauldwell of counsel (Aaron Frank, Thomas R. Hart, Jr., and Julian A. Frank with him on the brief; McDermott, Turner & Hart, attorneys), for appellant.

Irving Rosenfeld (Rudolph Birnbaum with him on the brief), for respondents.

DORE, J. P., COHN, CALLAHAN, VAN VOORHIS and BERGAN, JJ., concur.


On second appeal: Per Curiam.

Plaintiff appeals from summary judgment dismissing the complaint. The action is for declaratory judgment establishing a ninety-nine-year lease to have been frustrated and voided by operation of law. The memorandum signed by these parties, which has the effect of a lease, demised vacant land to plaintiff "For erection thereon of modern theatre (including television) having not less than...

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