SELMAR GARAGE CORP. v. RINK REALTY CORP.


284 A.D. 1064 (1954)

Selmar Garage Corp., Appellant, v. Rink Realty Corporation, Respondent, et al., Defendants

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

December 27, 1954.


Judgment unanimously affirmed, without costs.

The sole question of fact in this case is whether the lease itself has any monetary value. Determination of that question depends on whether the rent reserved by the lease is less than the market rental value of the property. On conflicting evidence, the trier has awarded nominal damages on a finding that the lease has no value. That finding is supported by the weight of the credible...

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