ANCHOR HOLDING CO. v. MICHAEL'S COFFEE SHOP


81 A.D.2d 535 (1981)

Anchor Holding Co., Appellant, v. Michael's Coffee Shop, Respondent, and DICPA Foods, Inc., Intervenor-Respondent

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

April 21, 1981


The facts are fairly stated in the dissent. We all agree with the Appellate Term that the conveyance to Michael's Coffee Shop was a sublease and not an assignment since DICPA had retained a reversionary interest. Although DICPA at times asserted it had assigned the lease, it is plain that there was no assignment. Anchor, as landlord, and its attorney knew at all the times involved that DICPA was asserting a reversionary interest, even though its attorney called the transfer...

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