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56-70 58TH ST. CORP. v. FEDDERS-QUIGAN

5 N.Y.2d 557 (1959)

56-70 58th Street Holding Corp., Appellant, v. Fedders-Quigan Corporation, Respondent.

Court of Appeals of the State of New York.

Decided April 17, 1959.

Attorney(s) appearing for the Case

Mario M. Cuomo, Nicholas S. Maltese and Vito J. Titone for appellant.

Samuel R. Rudey, Arthur Sheinberg and Howard Modlin for respondent.

Chief Judge CONWAY and Judge VAN VOORHIS concur with Judge FROESSEL; Judge FULD concurs in a separate opinion; Judge BURKE dissents in an opinion in which Judges DESMOND and DYE concur.

FROESSEL, J.

On March 1, 1953 the parties entered into a written lease whereby the tenant rented the basement and first floor of a building owned by the landlord for a period of two years at an annual rental of $18,000, payable in monthly installments of $1,500. The lease stated that the premises were "to be used and occupied by the Tenant for warehousing and shipping of its goods", although it nowhere designated...

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