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MORLEE SALES CORP. v. MFRS. TRUST CO.

9 N.Y.2d 16 (1961)

Morlee Sales Corp., Respondent, v. Manufacturers Trust Company, Appellant. In the Matter of Manufacturers Trust Company, Appellant, v. Morlee Edsel Corporation, Respondent.

Court of Appeals of the State of New York.

Decided January 12, 1961.

Attorney(s) appearing for the Case

Whitney North Seymour, William J. Granger and Nancy L. Boxley for appellant.

Edgar Hills and Neil M. Lieblich for respondent.

Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS and FOSTER concur.

BURKE, J.

The issue here is whether the Manufacturers Trust Company, as purchaser of the property, was authorized, under paragraph 18 of the lease, to give notice of cancellation in the absence of a resale of the property by it. Paragraph 18 provides: "That if the Landlord should sell said premises, prior to the expiration of this lease and the purchaser thereof desires possession of said premises...

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