CLEMENTS v. STEINHAUER


15 A.D.2d 72 (1961)

H. Everest Clements et al., Appellants, v. Frank G. Steinhauer, Respondent H. Everest Clements et al., Plaintiffs, v. Frank G. Steinhauer, Defendant and Third-Party Plaintiff-Appellant. John F. Ranieri, Third-Party Defendant-Respondent

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

December 7, 1961.


Attorney(s) appearing for the Case

Van Schaick, Woods, Strathman, Sturman & Costanza (Angelo A. Costanza and Howard M. Woods of counsel), for H. Everest Clements and others, appellants.

Lacy, Katzen & Greene (Samuel L. Yaroslow of counsel), for Frank G. Steinhauer.

Albert E. Goldman and Solomon Shinder for John F. Ranieri, respondent.

Present — WILLIAMS, P. J., BASTOW, GOLDMAN, HALPERN and McCLUSKY, JJ.


HALPERN, J.

The plaintiffs lessors appeal from a judgment dismissing the complaint in an action for rent against the defendant lessee. The lessee also appeals from a judgment dismissing his third-party complaint against the third-party defendant, the sublessee. The complaints were dismissed by the court upon the defendants' motions, after the close of the evidence, upon a jury trial.

The lease upon which...

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