Dangeles v. Marcus

Plaintiff appeals from the dismissal of his complaint for specific enforcement of both a lease and a sublease agreement. Defendant, Ethel L. Marcus (lessor), and defendant, Samuel Sherman (sublessee), moved to dismiss the complaint on the ground that the plaintiff and lessor had entered into a subsequent lease agreement which superseded the terms of the lease agreement which plaintiff seeks to enforce by this action. The trial court granted the motion and dismissed the complaint. Plaintiff contends that: (1) the trial court erred in granting the motion to dismiss on the basis of the…