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CORTESE v. CONNORS

1 N.Y.2d 265 (1956)

Nathan N. Cortese et al., Doing Business as Cortese Restaurant, Appellants, v. Beatrice C. Connors, Respondent. Norbert Eisenstein, Respondent, v. Beatrice C. Connors, Appellant.

Court of Appeals of the State of New York.

Decided May 24, 1956.

Attorney(s) appearing for the Case

Harry S. Travis for Nathan A. Cortese and another, appellants.

Peter A. Daniels for Beatrice C. Connors, respondent and appellant.

James B. Gitlitz for Norbert Eisenstein, respondent.

CONWAY, Ch. J., DESMOND, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ., concur.

DYE, J.

By written lease dated July 26, 1947 the plaintiffs Cortese in the first entitled action leased from the defendant Connors for a term of five years, with the privilege of renewal for a like term, the premises known as 117 Robinson Street, Binghamton, New York. Upon its expiration in 1952, the lease was renewed for another five-year term. It contained a covenant, viz.: "5. The Landlord agrees that in the...

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