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HERMAN MILLER, INC. v. THOM ROCK REALTY CO., L.P.

Nos. 778, 890, Dockets 94-7586, 94-7618.

46 F.3d 183 (1995)

HERMAN MILLER, INC., Plaintiff-Appellee-Cross-Appellant, v. THOM ROCK REALTY COMPANY, L.P., Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 24, 1995.

Attorney(s) appearing for the Case

Dean G. Yuzek, New York City (David G. Ebert, Hutton Ingram Yuzek Gainen Carroll & Bertolotti, New York City, of counsel), for defendant-appellant Thom Rock Realty Co., L.P.

Eric M. Kraus, New York City (Allen M. Hecht, Randi F. Seffinger, Sedgwick, Detert, Moran & Arnold, New York City, of counsel), for plaintiff-appellee Herman Miller, Inc.

Before FEINBERG, KEARSE and CARDAMONE, Circuit Judges.

CARDAMONE, Circuit Judge:

This is a suit over the meaning of a lease provision. Neither the landlord, Thom Rock Realty Company, L.P., nor the tenant, Herman Miller, Inc., disputes that the expectations of the parties at the time the lease was entered into have been frustrated. What was to have been a world class showroom building exclusively devoted to the contract furniture trade has now become an ordinary commercial structure. Concomitantly with the dashing of the...

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