4370 Park Avenue Corp. v. Hunter Paper Co.

This is an action by a landlord of a commercial building for a declaratory judgment to the effect that defendant, the lessee of the entire structure, is under an obligation to comply, at the latter’s expense, with an order of the fire department directing that an automatic dry sprinkler system be installed on the first and second stories of the building. In addition, plaintiff seeks judgment directing defendant to comply with the order of the fire department.

The lease here involved was executed on May 24, 1955, for a term commencing October 1, 1955, and ending September 30, 1960. At the time…