Pipitone v. Mandala

Plaintiff’s action was for a declaratory judgment construing a lease, and for an injunction should the court adopt her interpretation. The court did so, the injunction was granted, and defendant appeals. We are not asked to decide whether the court below correctly construed the lease, instead, whether the court should have construed it at all. Reversal is urged on grounds extraneous to the lease; (a) that an estoppel by verdict barred plaintiff from the relief sought and obtained, and (b) that in any event she waived her interpretation by the acceptance of rentals.

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