Ruth v. S. Z. B. Corp.
New York Supreme Court
1Opinion of the CourtSamuel H. Hofstadter, J.
In this action for a declaratory judgment both the plaintiffs and the defendant move for summary judgment. The controversy arises out of a long-term *633lease; the present parties are the successors in interest of the original parties to the lease.
The underlying lease was made on December 16, 1935 between The Gerry Estates, Inc. as lessor and 1040 Third Avenue Corporation as lessee. The plaintiffs became the fee owners in 1952, while the defendant took an assignment of the lease from the lessee in 1937 and at the same time assumed its obligations. The lease provided for an initial term of 20…
2Cases cited3 opinions
- Hartigan v. . Casualty Co. of AmericaNew York Court of Appeals · 1919
- Heller & Henretig, Inc. v. 3620-168th Street, Inc.New York Court of Appeals · 1951
- Terry v. MooreNew York Court of Common Pleas · 1893
3Cited by16 opinions
- Klair v. ReeseSupreme Court of Delaware · 1987
- Bell v. Associated Independents, Inc.District Court of Appeal of Florida · 1962
- New York Overnight Partners, L.P. v. GordonNew York Court of Appeals · 1996
- 936 Second v. Second Dev CoNew York Court of Appeals · 2008
- Olympia & York 2 Broadway Co. v. Produce Exchange Realty TrustAppellate Division of the Supreme Court of the State of New York · 1983
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