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SENROW CONCESSIONS v. SHELTON PROPS.

10 N.Y.2d 320 (1961)

Senrow Concessions, Inc., Appellant, v. Shelton Properties, Inc., et al., Defendants, and Jules Mayer et al., Individually and as Copartners Doing Business under the Name of Shelton Building Co., et al., Respondents.

Court of Appeals of the State of New York.

Decided November 16, 1961.

Attorney(s) appearing for the Case

Samuel A. Locker for appellant.

David H. Shapiro and Matthew Silverman for respondents.

Judges DYE, FULD and VAN VOORHIS concur with Judge BURKE; Judge FOSTER concurs for affirmance only as to the second cause of action; Chief Judge DESMOND dissents in an opinion in which Judge FROESSEL concurs and in which Judge FOSTER concurs for reversal as to the third cause of action only.

BURKE, J.

The principal issue in this case involves the construction and effect of agreements between plaintiff-appellant, Proser Enterprises, Inc., and Shelton Properties, Inc.

In 1955 Shelton Properties, Inc., was the major lessee of the Hotel Shelton in Manhattan for a term to expire May 31, 1972. In January, 1955 it leased to Proser Enterprises, Inc., certain space to be used by Proser as a night...

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