City Bank Farmers Trust Co. v. Rival Shoe Co.

This is a motion by plaintiff for judgment on the pleadings in its favor in a declaratory judgment action.

In 1935 defendant became the lessee of business premises in the city of New York owned by plaintiff’s predecessor in title. The term of the lease was extended from time to time. By agreement dated February 5, 1945, the term was extended from September 1, 1945, to August 31, 1950. On or about May 28, 1946, the then owner of the property entered into an agreement *1004with defendant which demised the premises for the term beginning June 1, 1946, and ending July 31, 1955, “ unless sooner…