Hartzler v. Westair, Inc.

In an action, inter alia, to (1) enjoin defendant from breaching its covenant of quiet enjoyment with the plaintiff, (2) declare that the plaintiff is the third-party beneficiary of a certain concession agreement and (3) modify a certain tenant agreement to make it terminable only for good cause, plaintiff appeals from an interlocutory judgment of the Supreme Court, Westchester County, entered April 6, 1976, which, pursuant to a stipulation authorizing the court to resolve certain issues, inter alia, (1) adjudged that the tenant agreement was merely a licensing agreement and that defendant…