Low v. Humble Oil & Refining Co.

Appeal by the defendant from an order of Special Term which granted summary judgment to the plaintiff and denied defendant’s motion for such relief and from the judgment entered thereon. This action was commenced to recover rents accruing and unpaid by the defendant pursuant to a lease dated January 10, 1955 as amended on May 23, 1955, which granted as follows: “ together with all rights of way, easements, driveways and pavement, curb and street front privileges thereunto belonging”. The lease also contained the following clause: “ (12) If the demised premises or any part thereof shall be…