165 West Forty-sixth Street Corp. v. Radio-Keith Orpheum Vaudeville Exchange, Inc.

This is a motion, pursuant to subdivision 6 of rule 109 of the Rules of Civil Practice, to strike out for insufficiency three defenses to an action for rent.

The most serious question is presented by the second defense, as the first and third are plainly insufficient.

The lease in suit contains the following clause:

*817“ 24th. This lease is subject to all of the terms, covenants and conditions of a lease made, executed and delivered by Trustees of Columbia University, in the City of New York and now owned by the Landlord, dated the 26th day of February, 1924, and recorded in the Register’s Office…