TOWER CORP v. MISS SILVER CO


106 Misc.2d 451 (1980)

Court Tower Corp., Plaintiff, v. Miss Silver Co., Inc., Defendant.

Supreme Court, Special Term, New York County.

September 9, 1980


Attorney(s) appearing for the Case

Fischbein, Olivieri & Rozenholc for plaintiff. Permut & Boyle for defendant.


HERMAN CAHN, J.

This is an action for a declaratory judgment setting the rights of the parties pursuant to a lease entered into between them. Plaintiff moves for summary judgment, and defendant cross-moves for identical relief.

By lease dated January 5, 1977, plaintiff let the fifth and sixth floors at 318 West 39th Street, New York, N.Y., to defendant, for a term ending on April 30, 1980. Paragraph "39" of the lease grants defendant an option...

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