Prudential Westchester Corp. v. Tomasino

This is an appeal from the trial court’s dismissal of the complaint after both parties had presented their respective cases.

The appeal turns on the interpretation of a lease entered into between plaintiff, a theatre operator, and defendant, the owner of a building containing stores and a motion picture theatre. Pursuant to this lease, defendant agreed to rent the entire building to plaintiff for a term of 21 years at a stipulated rental.

The lease referred to the contemporaneous purchase by plaintiff of the theatre’s furniture, fixtures, and equipment, title to which was to be retained by…