CENT. R. R. GARAGE CORP. v. E. TRANSP. CO.


307 N.Y. 120 (1954)

Central Railroad Garage Corp., Respondent, v. Eastern Transportation Company, Inc., Appellant.

Court of Appeals of the State of New York.

Decided May 27, 1954


Attorney(s) appearing for the Case

David S. Elgot for appellant.

Karl Propper and Morris K. Bauer for respondent.

CONWAY, FULD, FROESSEL and VAN VOORHIS, JJ., concur with DYE, J.; DESMOND, J., dissents in an opinion in which LEWIS, Ch. J., concurs.


DYE, J.

The plaintiff, hereinafter called "Central", as owner of premises 899 East 149th Street, Bronx, New York City, sued the defendant, hereinafter called "Eastern", for three months' rent allegedly due under a written lease. The lease was executed September 7, 1951, for a term expiring September 30, 1972, a period of over twenty-one years. In making the lease the parties took into consideration that the premises were then...

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