Tishman Realty & Construction Co. v. Wolf

Edee, J. (concurring, qualifiedly).

Appeals numbers 77 and 78 involve the same questions and are accordingly considered together. The landlord, a corporation, leased the land in concern for a term of twenty-one years, beginning May 1, 1929, and ending on April 30, 1950, with three options on the part of the lessee to renew said lease for three separate terms of twenty-one years each, so that by the exercise thereof the term would ultimately expire in the year 2013. Pursuant to the terms of the lease the landlord caused to be erected upon the leased ground a nineteen-story fireproof elevator…