Legal Opinion
Chemung Canal Trust Co. v. Montgomery Ward & Co.
Appellate Division of the Supreme Court of the State of New York
Decided May 15, 1957PublishedCited by 4 opinions
1Opinion of the CourtHalpern, J.
We have before us for construction in this case the provisions of a lease which both sides agree cannot be read literally. On September 25, 1937, Frank E. Doolittle and Elsie, his wife, let to the defendant-appellant Montgomery Ward & Co., Incorporated, certain premises in the city of Elmira for a term of 15 years, commencing on April 1, 1940, with a provision for successive renewals for two additional periods of 10 years each. The term of the lease was extended by renewal to March 31, 1965. Upon the death of the lessors, the property passed to Grace Doolittle and, upon her death, it passed…
2Cases cited3 opinions
- Cabell v. MarkhamCourt of Appeals for the Second Circuit · 1945
- Fleischman v. . FurguesonNew York Court of Appeals · 1918
- Central Hanover B. & T. Co. v. Commissioner of Int. Rev.Court of Appeals for the Second Circuit · 1947
3Cited by4 opinions
- Nassau Chapter, Civil Service Employees Association, Inc. v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1980
- Hsieh v. Pudge Corp.Appellate Division of the Supreme Court of the State of New York · 1986
- Leighton's Inc. v. Century Circuit, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
- Schmidt v. Magnetic Head Corp.Appellate Division of the Supreme Court of the State of New York · 1983