E. MINS. INTL. v. CANE TENN.


274 A.D.2d 262 (2000)

713 N.Y.S.2d 29

In the Matter of EASTERN MINERALS INTERNATIONAL, INC., Respondent, v. CANE TENNESSEE, INC., Appellant.

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

August 31, 2000.


Attorney(s) appearing for the Case

Raymond D. Battocchi of counsel (John H. Doyle, III, Jordan W. Siev and Vicki A. Paisley on the brief; Anderson Kill & Olick, P. C., and Gabeler, Battocchi & Griggs, L. L. C., attorneys), for respondent.

Edwin B. Mishkin of counsel (Jacqueline Jones-Peace on the brief; Cleary, Gottlieb, Steen & Hamilton, attorneys), for appellant.

MAZZARELLI, LERNER and BUCKLEY, JJ., concur.


OPINION OF THE COURT

TOM, J. P.

Respondent-appellant Cane Tennessee is owner and landlord of property in the State of Tennessee that contains coal and mineral deposits. Petitioner-respondent Eastern Minerals International, Inc. is tenant of the property under a lease dated February 16, 1979. The lease provided, among other things, for the leased land to be used for coal mining. Rent was calculated at the greater amount of either a minimal annual rent reflecting...

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