67 WALL v. FRANKLIN BANK


37 N.Y.2d 245 (1975)

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

Court of Appeals of the State of New York.

Decided June 17, 1975.


Attorney(s) appearing for the Case

Martin Kleinbard and Cameron Clark for appellant.

Milton Kunen, Sidney Kwestel and Vincent J. Syracuse for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.


COOKE, J.

Plaintiff, a limited partnership, owns the office building located at 67 Wall Street in New York City. In the late summer of 1969, defendant, in need of additional office space, negotiated a lease for six floors in said structure. The lease, executed on October 20, 1969, contained the following provision denominated as article 41: "Tenant understands that the demised premises are presently occupied...

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