Legal Opinion
Mutual Life Insurance v. Tailored Woman, Inc.
New York Court of Appeals
Decided July 8, 1955PublishedCited by 28 opinions
1Opinion of the CourtDesmond, J.
The facts of this controversy, and the issues, are set forth and discussed in the Appellate Division opinion. We will limit ourselves to a statement of our views on the principal questions of law.
Since plaintiff is suing for additional percentage rental under the 1939 ten-year lease of the three lower floors of 742 Fifth Avenue, New York City, it must base its claim on the covenants of that lease. Two only of those covenants are pertinent. We *252take them up in turn. The 4% percentage rental was to be paid on all sales made “ on, in, and from the demised premises ”. After, by separate leases…
2Cases cited2 opinions
- Kirke La Shelle Co. v. Paul Armstrong Co.New York Court of Appeals · 1933
- Cissna Loan Co. v. BaronWashington Supreme Court · 1928
3Cited by28 opinions
- Fed. Sec. L. Rep. P 97,956 David Broad v. Rockwell International CorporationCourt of Appeals for the Fifth Circuit · 1981
- Rowe v. Great Atlantic & Pacific Tea Co.New York Court of Appeals · 1978
- U.S. Industries, Inc. v. Blake Construction Co., Inc.Court of Appeals for the D.C. Circuit · 1985
- Carlock v. Pillsbury Co.District Court, D. Minnesota · 1989
- Carl H. Neuman, Plaintiff-Appellee-Cross-Appellant v. Otis G. Pike, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1979
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