FISK BLDG. ASSOC. v. CON. AMER. INS.


80 Misc.2d 56 (1974)

Fisk Building Associates, by Helmsley-Spear, Inc., Agent, Plaintiff, v. Continental American Insurance Co. of Delaware, Defendant and Third-Party Plaintiff. L. J. Goldstein & Co., Inc. et al., Third-Party Defendants.

Civil Court of the City of New York, Trial Term, New York County.

April 30, 1974


Attorney(s) appearing for the Case

David D. Wallerstein for plaintiff. George J. Nashak, Jr., for defendant.


STANLEY P. DANZIG, J.

The plaintiff commenced this suit to recover rent due on suite 1017 in 250 West 57th Street, New York City. The defendant prime tenant Continental American Life Insurance Co. (Continental), subleased the subject premises to the third-party defendant, L. J. Goldstein & Co., Inc. (Goldstein), from May 1, 1971 to November 29, 1973. The evidence reveals that sometime in the spring of 1972 the subtenant vacated the

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