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  5. 27 N.Y.2d 718 (1970)
 

RIVER VIEW ASSOCS. v. SHERATON CORP. OF AM.

27 N.Y.2d 718 (1970)

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

Court of Appeals of the State of New York.

Decided July 2, 1970.

Attorney(s) appearing for the Case

Irving Parker, Martin S. Wagner and Herbert Berkowitz for appellant.

MacDonald Flinn and Laura Banfield for respondent.

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

Order affirmed, with costs.

SCILEPPI, J. (dissenting).

We dissent and vote to reverse.

On July 29, 1964 the plaintiff-landlord entered into a 21-year lease with Inverurie Corporation on the Sheraton Motor Inn in New York City. Thereafter, Inverurie assigned the entire leasehold to the Hudson Sheraton Corporation which is a wholly owned subsidiary of the defendant, Sheraton Corporation of America.

At the time of the assignment,...

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