TEDDY'S DRIVE-IN, INC. v. MILLER


32 A.D.2d 930 (1969)

Teddy's Drive-in, Inc., Respondent, v. Richard L. Miller, as Executor of Harry L. Miller, Deceased, et al., Appellants

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

July 2, 1969


Judgment modified, on the law and the facts, by (1) deleting therefrom so much of decretal paragraph "2" as declared that plaintiff has the right to remove the diner and (2) adding a decretal paragraph that plaintiff may not use the demised premises as a parking lot except in connection with a diner conducted thereon. As so modified, judgment affirmed, without costs.

We are of the opinion that the language of the lease clearly...

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