NORTH OAKS PHARMACY, INC. v. NORTH SHORE TOWERS ASSOCS.


63 A.D.2d 728 (1978)

North Oaks Pharmacy, Inc., Respondent, v. North Shore Towers Associates, Defendant and Third-Party Plaintiff-Appellant. Trane Company, Third-Party Defendant. (And Other Actions.)

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

May 29, 1978


Judgment reversed, on the facts, with costs and new trial granted, as to all issues.

In our opinion, the record is too uncertain to permit the judgment to stand. There was testimony by Mr. Heller, respondent's agent, that prior to entering into its lease agreement with the appellant, the latter's agent, Mr. Antler, had represented to him that there were 1,000 signed leases in the apartment complex. The respondent then went ahead and entered into the lease for its...

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