CENTURIAN DEV v. KENFORD CO.


60 A.D.2d 96 (1977)

Centurian Development Ltd., Respondent, v. Kenford Company, Inc. (Formerly Lancaster Sales, Inc.), Appellant

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

December 16, 1977


Attorney(s) appearing for the Case

Hodgson, Russ, Andrews, Woods & Goodyear (Victor Fuzak of counsel), for appellant.

Richard O. Robinson for respondent.

MARSH, P. J., HANCOCK, JR., DENMAN and WITMER, JJ., concur.


SIMONS, J.

Plaintiff brought this action to recover rent due for premises leased to defendant and for physical damage allegedly caused when defendant directed the gas company to turn off the heat, and the water pipes burst. Defendant does not contend that it paid the rent. It maintains that it is released from its obligations under the lease because it surrendered the premises at the end of May, 1975 and plaintiff...

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