BOUCHER BROS. CORP. v. COACHMAN REST. CORP.


55 A.D.2d 576 (1976)

Boucher Bros. Corp. et al., Appellants, v. Coachman Restaurant Corp. et al., Respondents

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

December 23, 1976


Murphy, J. P. (dissenting).

Pursuant to a written lease (hereafter the major lease), dated June 25, 1971, the corporate defendant (which is allegedly dominated and controlled by the named individual defendants) hired from Torpwood Corporation (Torpwood) certain designated space in a Manhattan office building for use as a restaurant, for a term of 21 years. The major lease anticipated a conditional assignment thereof as collateral in connection with a...

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