BANK OF N. Y. v. HIRSCHFELD


37 N.Y.2d 501 (1975)

Bank of New York, Albany (Formerly Known as Mechanics and Farmers' Bank of Albany), Respondent, v. Abraham Hirschfeld et al., Defendants, and New York State Teachers' Retirement System, Appellant. Bank of New York, Albany (Formerly Known as Mechanics and Farmers' Bank of Albany), Plaintiff, v. Abraham Hirschfeld et al., Respondents, and New York State Teachers' Retirement System, Appellant.

Court of Appeals of the State of New York.

Decided September 23, 1975.


Attorney(s) appearing for the Case

Francis H. Trombly for appellant in the first above-entitled matter.

Victor A. Lord for respondent in the first above-entitled matter.

Francis H. Trombly for appellant in the second above-entitled matter.

Jerome Frost for respondents in the second above-entitled matter.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER and COOKE concur; Judge FUCHSBERG taking no part.


JASEN, J.

On May 18, 1971, plaintiff Bank of New York, Albany, entered into a lease with defendant Abraham Hirschfeld through his agent, defendant 112 State Street Operating Co., Inc. The lease involves a portion of an office building located on premises known as 112 State Street, Albany, then owned by Hirschfeld. Covenant 42* of the lease requires the landlord to provide the bank...

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