MINISTER, ELDERS & DEACONS OF THE REFORMED PROTESTANT DUTCH CHURCH OF THE CITY OF NEW YORK v. 198 BROADWAY, INC.


88 A.D.2d 511 (1982)

Minister, Elders and Deacons of the Reformed Protestant Dutch Church of the City of New York, Respondent, v. 198 Broadway, Inc., et al., Respondents, and Henry Modell and Co., Inc., Appellant

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

May 6, 1982


The facts are fairly stated in the dissenting opinion. Affirmance is warranted for the reasons stated by the Appellate Term. However, in the light of the dissent, further comment is appropriate. There is no merit to respondent's contention that the sole purpose of preserving the overlandlord, the greater estate, and the underlandlord, the lesser estate, was to interfere with respondent's contractual rights. As the Appellate Term held, the fact that both corporations are owned...

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