67 Wall Street Co. v. Franklin National Bank

Judgment, Supreme Court, New York County, entered October 30, 1973, dismissing the amended complaint, affirmed. Respondent shall recover of appellant $60 costs and disbursements of this appeal. Although the trial court concluded that article 41 of the lease was unambiguous, it nevertheless heard and considered the evidence bearing on the intent and purpose of that clause, and found that there was ¡insufficient to ascribe to the clause the meaning urged by plaintiff. The court’s findings were not against the weight of the evidence, and since they rested in large part upon considerations…