Benderson Development Co. v. Commenco Corp.

Judgment unanimously reversed, on the law and facts, with costs, and complaint dismissed. Memorandum: On February 13, 1970, plaintiff lessor entered into a lease with defendant Commenco which demised a portion of a shopping plaza in the Town of Niagara for a period of 20 years at a rental of $13,200 per annum. Defendant Kentucky Fried Chicken guaranteed performance of the lease. The lease provisions required that Commenco obtain all necessary licenses and permits and then construct a restaurant on the premises. In the lease, lessor warranted “ that the use by lessee of the premises for the…