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FIRST NAT. STORES v. YELLOWSTONE S. CTR.

21 N.Y.2d 630 (1968)

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

Court of Appeals of the State of New York.

Decided April 18, 1968.

Attorney(s) appearing for the Case

Sylvan D. Freeman for appellant-respondent.

Charles J. Nager and William P. Lage for respondent-appellant.

Judges BURKE, BERGAN, KEATING and BREITEL concur with Judge SCILEPPI; Chief Judge FULD and Judge JASEN dissent and vote to affirm on the opinion at the Appellate Division.

SCILEPPI, J.

Plaintiff, First National Stores, Inc., is the tenant and defendant, Yellowstone Shopping Center, Inc., is the landlord under the lease of the supermarket building in the Yellowstone Shopping Center, Forest Hills. By order of the Fire Department of the City of New York dated November 9, 1966, the landlord was directed to install a wet automatic sprinkler system in the cellar. This resulted in a dispute...

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