PRUDENTIAL WESTCHESTER CORP. v. TOMASINO


5 A.D.2d 489 (1958)

Prudential Westchester Corp., Appellant, v. Matilde Tomasino, Respondent

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

April 10, 1958.


Attorney(s) appearing for the Case

Bruno Schachner of counsel (Norman M. Sheresky with him on the brief; William Gold, attorney), for appellant.

Morris Karnes of counsel (Alfred F. Sulla, Jr., attorney), for respondent.

BREITEL and McNALLY, JJ., concur with BOTEIN, P. J., VALENTE, J., dissents in opinion, in which STEVENS, J., concurs.


BOTEIN, P. J.

This is an appeal from the trial court's dismissal of the complaint after both parties had presented their respective cases.

The appeal turns on the interpretation of a lease entered into between plaintiff, a theatre operator, and defendant, the owner of a building containing stores and a motion picture theatre. Pursuant to this lease, defendant agreed to rent the entire building to plaintiff...

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