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WALL NUT PRODS. v. RADAR CENT. CORP.

20 A.D.2d 125 (1963)

Wall Nut Products, Inc., Respondent, v. Radar Central Corporation, Appellant Radar Central Corporation, Appellant, v. Wall Nut Products, Inc., et al., Respondents

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

December 17, 1963.

Attorney(s) appearing for the Case

Herbert Plaut of counsel (Scribner & Miller, attorneys), for appellant.

Isidore Lapan for Wall Nut Products, Inc., respondent.

BREITEL, J. P., EAGER, STEUER and WITMER, JJ., concur.

STEVENS, J.

On October 30, 1950, Radar Central Corporation (Radar) as lessor entered into a 30-year lease with Wall Nut Products, Inc. (Wall Nut) as lessee. Federal Nut Co., Inc. (Federal) executed an instrument of guarantee of performance. The lease permitted, or required, certain alterations by the tenant which were completed in 1951. The lease, in part, provided: "Except as hereinabove expressly provided, the lessee may make any alteration in any building...

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