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PARK SHERATON CORP. v. GRASSO

6 A.D.2d 492 (1958)

Park Sheraton Corporation, Respondent, v. Arthur Grasso, Appellant

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

November 25, 1958.

Attorney(s) appearing for the Case

Herbert Shiff of counsel (Leo Kotler, attorney), for appellant.

Monroe Goldwater of counsel (Robert Conrad with him on the brief; Goldwater & Flynn, attorneys), for respondent.

BREITEL, J. P., M. M. FRANK, VALENTE, McNALLY and STEVENS, JJ., concur.

Per Curiam.

This is an appeal from an order denying defendant's motion to dismiss the first cause of action of the amended complaint for insufficiency, pursuant to rule 106 of the Rules of Civil Practice.

On February 5, 1954, a lease was executed between Park Sheraton Corporation (herein referred to as Landlord) and Grasso (herein referred to as Tenant). The lease, for a period of 10 years, was for a ground floor store in the premises which was

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