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MUT. LIFE INS. CO. OF N. Y. v. TAILORED WOMAN

309 N.Y. 248 (1955)

Mutual Life Insurance Company of New York, Appellant-Respondent, v. Tailored Woman, Inc., Respondent-Appellant.

Court of Appeals of the State of New York.

Decided July 8, 1955

Attorney(s) appearing for the Case

George A. Spiegelberg and Robert H. Preiskel for appellant-respondent.

M. James Spitzer, Philip Feldman and Irving Fliegler for respondent-appellant.

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

DESMOND, J.

The facts of this controversy, and the issues, are set forth and discussed in the Appellate Division opinion. We will limit ourselves to a statement of our views on the principal questions of law.

Since plaintiff is suing for additional percentage rental under the 1939 ten-year lease of the three lower floors of 742 Fifth Avenue, New York City, it must base its claim on the covenants of that...

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