185 LEXINGTON HOLDING CORP. v. HOLMAN


19 Misc.2d 521 (1959)

185 Lexington Holding Corp., Plaintiff, v. Aaron Holman, as Trustee under the Will of W. Forbes Morgan, Deceased, Defendant.

Supreme Court, Special Term, New York County.

July 2, 1959.


Attorney(s) appearing for the Case

Gainsburg, Gottlieb, Levitan & Cole (Samuel Gottlieb and Bernard Beitel of counsel), for defendant.

Pomerantz & Altes (Harold Pomerantz and Jack Altes of counsel), for plaintiff.


CHARLES A. LORETO, J.

Defendant moves for summary judgment and plaintiff cross-moves for summary judgment. Thus, a question of law is presented involving the interpretation of the lease clause upon its first renewal and relating to the fixation of ground rent. The clause reads: "The rental is to be six (6%) percent of the value of the land only, without improvements, at the time". By the lease, the plaintiff tenant was required to demolish and build and...

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