STEINBERG v. FOREST HILLS GOLF RANGE


303 N.Y. 577 (1952)

Nathan Steinberg et al., Appellants and Respondents, v. Forest Hills Golf Range, Inc., et al., Respondents and Appellants.

Court of Appeals of the State of New York.

Decided March 13, 1952


Attorney(s) appearing for the Case

Harry J. Halperin and Samuel L. Scholer for plaintiffs, appellants and respondents.

William R. Distasio for defendants, respondents and appellants.

LOUGHRAN, Ch. J., LEWIS and DESMOND, JJ., concur with FULD, J.; DYE, J., dissents in opinion in which CONWAY and FROESSEL, JJ., concur.


FULD, J.

Plaintiffs own a plot of land, substantially unimproved, in the County of Queens, New York City, consisting of about ten acres, with an abandoned gas station on one corner. In 1947, one of plaintiffs' predecessors in title (and we hereafter refer to plaintiffs or their predecessors as "the landlord") leased the property to the individual defendant for use as a golf driving range at a rental of $4,000...

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