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EMERY ROTH & SONS v. NAT'L KINNEY CORP.

57 A.D.2d 782 (1977)

Emery Roth & Sons, Appellant, v. National Kinney Corporation et al., Respondents, and Richard Roth, Sr., et al., Appellants

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

May 19, 1977

Murphy, P. J., dissents in part in the following memorandum with respect to [the first-above appeal].

Paragraph 18 (a) of the subject lease reads as follows: "18. In case of any such default, re-entry, expiration and/or dispossess by summary proceedings or otherwise, (a) the rent shall become due thereupon and be paid up to the time of such re-entry, dispossess and/or expiration, together with such expenses as Landlord may incur for legal expenses, attorneys...

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