RIVER VIEW ASSOC. v. SHERATON CORP.


33 A.D.2d 187 (1969)

River View Associates, Respondent, v. Sheraton Corporation of America, Appellant

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

December 11, 1969.


Attorney(s) appearing for the Case

Macdonald Flinn of counsel (Laura Banfield with him on the brief; White & Case, attorneys), for appellant.

Irving Parker of counsel (Martin S. Wagner with him on the brief; Jacobs Persinger & Parker, attorneys), for respondent.

MARKEWICH and McNALLY, JJ., concur with STEUER, J.; CAPOZZOLI, J. P., dissents in part in opinion, in which McGIVERN, J., concurs.


STEUER, J.

The action is by a landlord against the guarantor of a lease. The tenant is a wholly owned subsidiary of the defendant and no question as to the guarantee, per se, is presented. The questions presented are solely as to whether or not there is liability on the part of the tenant, and for convenience discussion will be as if the defendant sued were the tenant.

The premises in question are the...

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