TIBALDI v. CUSTODIAN REALTY CO.


39 A.D.2d 532 (1972)

Arthur Tibaldi, as Treasurer of District Council 37, American Federation of State, County and Municipal Employees, AFL-CIO, et al., Respondents, v. Custodian Realty Company et al., Appellants

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

April 20, 1972


Unanimously modified, on the law and on the facts, so as to delete therefrom the provision for supply of hot water at times other than when heat is supplied, and otherwise affirmed, without costs and without disbursements.

Plaintiffs are appellants' sublessees in possession of a substantial portion of an office building under a long-term lease. Special Term erred in concluding that the lease covenant to supply heat should be construed to require the supply of hot...

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