ARRATHOON v. PERGAMENT OCEANSIDE CORP.


19 N.Y.2d 923 (1967)

Tigram Arrathoon, Respondent, v. Pergament Oceanside Corp., Appellant.

Court of Appeals of the State of New York.

Decided May 23, 1967.


Attorney(s) appearing for the Case

Gerald P. Halpern and Jessel Rothman for appellant.

Martin D. Jacobs and John P. McGrath for respondent.

Concur: Judges VAN VOORHIS, BURKE, SCILEPPI and BERGAN. Judge KEATING dissents and votes to reverse in the following opinion in which Chief Judge FULD and Judge BREITEL concur.


Order affirmed, with costs, upon the opinion at Special Term.

KEATING, J. (dissenting).

In our opinion questions of fact are presented which preclude summary disposition. The first paragraph of the lease describes the leased premises. Paragraph 34, a separate, self-contained provision states: "The tenant's store shall be the last store on the easterly end of the shopping center." The majority finds that...

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