WATTLEY v. MUT. LIFE INS. CO.


283 A.D. 931 (1954)

Ralph B. Wattley, Appellant-Respondent, v. Mutual Life Insurance Company of New York, Respondent-Appellant

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

May 18, 1954.


On plaintiff's appeal the judgment is unanimously affirmed, with costs to the defendant, and on defendant's appeal the judgment is unanimously reversed and judgment on the first cause of action entered in favor of the defendant, with costs.

Plaintiff's partial recovery on the first cause of action is unwarranted. The payment which the lessee was required to make under the lease in excess of $90,000 per year was not established to have become a part of the net rent...

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