Bank of New York v. Hirschfeld

Appeal from an order of the Supreme Court at Special Term, entered September 15, 1976 in Albany County, which denied defendant’s motion for summary judgment against the third-party defendant and granted the third-party defendant’s motion for summary judgment and dismissed the third-party complaint. The underlying action is to recover the cost of renovation and modernization of premises leased by plaintiff from defendants. Before plaintiff commenced the tenancy it required substantial renovation to the premises and defendant Hirschfeld, as owner, agreed in the lease to either perform the work…