FIRST NAT'L STORES, INC. v. YELLOWSTONE SHOPPING CTR., INC.


28 A.D.2d 873 (1967)

First National Stores, Inc., Appellant, v. Yellowstone Shopping Center, Inc., Respondent

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

July 10, 1967


Order and judgment reversed on the law, with costs, and judgment directed to be entered in accordance herewith.

Pending appeal, the parties filed a stipulation authorizing this court to determine the issue herein as a matter of law. Pursuant to the aforesaid stipulation, this court holds that, because of the use to which it put the premises, it was the tenant's obligation under the lease to comply with the Fire Department order requiring the installation of a water...

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