67 WALL ST. CO. v. FRANKLIN NAT'L BANK


44 A.D.2d 825 (1974)

67 Wall Street Company, Appellant, v. Franklin National Bank, Respondent

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

May 30, 1974


Respondent shall recover of appellant $60 costs and disbursements of this appeal. Although the trial court concluded that article 41 of the lease was unambiguous, it nevertheless heard and considered the evidence bearing on the intent and purpose of that clause, and found that there was insufficient to ascribe to the clause the meaning urged by plaintiff. The court's findings were not against the weight of the evidence, and since they rested in large part upon considerations...

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