NCK ORG., LTD. v. BURR LUCEY & CO., INC.


39 A.D.2d 873 (1972)

NCK Organization, Ltd., Appellant, v. Burr Lucey & Company, Inc., Respondent

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

June 20, 1972


Unanimously reversed, on the law, and the motion granted. Appellant shall recover of respondent $50 costs and disbursements of this appeal.

The action is for rent on a sublease admittedly entered into by the parties. The defenses are based on three contentions: that the building, as distinct from the premises rented, was not ready for occupancy on the date provided in the lease; that the demised premises were not so ready; and that there was an oral agreement permitting...

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