Square Lex 48 Corp. v. Shelton Towers Associates

OPINION OF THE COURT

Martin B. Stecher, J.

This is an action for a declaratory judgment, and for incidental relief in which the plaintiff, a tenant of vacant land in Manhattan used as a parking lot, seeks to have adjudicated its rights in the property, the rights of the landlord and of the prospective successor tenant. The defendant landlord counterclaims for a declaratory judgment and for damages.

After trial without jury I make the following findings:

The defendant Shelton Towers Associates (Shelton) is a partnership presently holding the fee to the subject real property. On June 20, 1972, and…