CTR. PROPS. CO. v. ARNOLD CONSTABLE


74 Misc.2d 666 (1973)

Centre Properties Company, Plaintiff, v. Arnold Constable Corporation, Defendant.

Supreme Court, Trial Term, Queens County.

June 1, 1973


Attorney(s) appearing for the Case

Anderman, Povman & Warren (Arthur A. Anderman of counsel), for plaintiff. Lynton, Klein, Opton & Saslow and Herzfeld & Rubin (Herbert Rubin of counsel), for defendant.


ALBERT H. BUSCHMANN, J.

This action for a declaratory judgment and money damages was tried by this court without a jury. The following facts were established at trial.

On September 8, 1959 plaintiff's predecessor in title and defendant entered into an agreement under which defendant leased certain premises in West Orange, New Jersey, for use as a department store. The lease specifically provided that...

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