500 Fifth Avenue, Inc. v. Crone

R. JASPER SMITH, District Judge.

This is an action to recover rent alleged to be due under a written lease on office space in the City of New York. The lease was executed in that city between plaintiff, lessor, and defendant and two other individuals, not parties to this action, as tenants. Plaintiff now moves under the provisions of Rule 56, Federal Rules of Civil Procedure, 28 U.S.C.A., for summary judgment in its favor. Defendant has moved to dismiss the action on the ground that the pleadings, depositions, and exhibits on file show that plaintiff has no right to relief.

The record discloses…