ESSEX GREEN, INC. v. ARNOLD CONSTABLE


32 Misc.2d 1013 (1962)

Essex Green, Inc., Plaintiff, v. Arnold Constable Corporation, Defendant.

Supreme Court, Special Term, New York County.

January 12, 1962


Attorney(s) appearing for the Case

Hodges, Reavis, McGrath & Downey (John P. McGrath, Martin D. Jacobs and Jacob W. Heller of counsel), for plaintiff. Lynton, Klein, Opton & Saslow (Seymour M. Klein and Adolph S. Ziegler of counsel), for defendant.


JACOB MARKOWITZ, J.

The complaint, in the first cause of action, alleges that the lease required defendant "to make maximum use for retail sales of all space demised herein", and that the plans provided for defendant's use of 61,895 square feet of the upper level and not less than 15,000 square feet of the lower level. The pleading charges that defendant violated these provisions by using less space for retail...

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