CORSIGLIA v. SUMMIT CENTER CORP.

No. 83-449.

348 N.W.2d 647 (1984)

Joseph CORSIGLIA, Richard Corsiglia, Lina Smith, Laura De Cressey, and Olga Whitney, Heirs of the Estate of Antonio Corsiglia, Plaintiffs, v. SUMMIT CENTER CORPORATION, An Iowa Corporation; Disco Corporation, A Texas Corporation; and A. Abner Rosen and Abraham Kamber, Individually and Doing Business As Moday Realty Co., A Business Licensed Under the Laws of the State of New York, Defendants. A. Abner ROSEN and Abraham Kamber, Individually and Doing Business as Moday Realty Co., A Business Licensed Under the Laws of the State of New York, Cross-Petitioners/Appellees, v. SUMMIT CENTER CORPORATION, An Iowa Corporation, Defendant to Cross-Petition/Appellant.

Court of Appeals of Iowa.

March 20, 1984.


Attorney(s) appearing for the Case

Robert V.P. Waterman and C. Dana Waterman III, of Lane & Waterman, Davenport, for appellant.

J.A. Hellstrom and Robert D. Lambert of Betty, Neuman, McMahon, Hellstrom & Bittner, Davenport, for appellees.

Michael S. Bennett and Gary M. Lane, of Berger & Lane, Davenport, for plaintiffs.

No appearance for defendant Disco Corp.

Heard by OXBERGER, C.J., and DONIELSON, and SACKETT, JJ.


OXBERGER, Chief Judge.

Defendant Summit Center Corporation appeals from an adverse declaratory judgment construing a series of lease and assignment documents. On appeal, Summit asserts: (1) its assignment of part of its leasehold to Disco transferred to Disco the duty to pay property taxes on the acres of land covered by the assignment, and Disco's assignment of its interest to Moday Realty in turn transferred the duty to Moday; (2) Moday should be barred, under the...

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