Gardiner Properties, Inc. v. Samuel Leider & Son, Inc.

On second appeal:

Plaintiff appeals from summary judgment dismissing the complaint. The action is for declaratory judgment establishing a ninety-nine-year lease to have been frustrated and voided by operation of law. The memorandum signed by these parties, which has the effect of a lease, demised vacant land to plaintiff “ For erection thereon of modern theatre (including television) having not less than *472599 seats with or without stores and maintenance of the foregoing and for no other purpose.” Defendant-lessor agreed to apply for a modification under the zoning ordinance to permit such…