CHERLIN v. LYNCH


50 A.D.2d 982 (1975)

Morton Cherlin, Appellant, v. John J. Lynch, as Receiver for The Benefit of New York Business Development Corp., et al., Respondents

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

December 11, 1975


In this action for specific performance, money damages and injunctive relief, there are factual issues presented requiring a trial. Under the written agreement, which is the subject matter of the action, the term of the lease, dated December 18, 1974, was to commence with the date of deposit by the lessee (plaintiff) of the sum of $200,000 with the defendant bank. However, the lease is silent as to when this deposit was to be made. It is alleged that the lease was cancelled...

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