Legal Opinion · Dissent
United Equities, Inc. v. Mardordic Realty Co.
Appellate Division of the Supreme Court of the State of New York
Decided June 30, 1959Published
1DissentBreitel, J.
The only question submitted in this action for a declaratory judgment is whether the language in the subject lease legally restricts the use of the premises to related automotive purposes. Not only is this the sole question concerning which the parties have asked for a judicial determination, but both have submitted it as the only material element at issue in the appraisal of the land for the purpose of filing the rent.
The court is unanimous in disagreeing with Special Term and finding that the purpose clause of the lease is merely descriptive and does not impose any legal restrictions on the…
2Cases cited6 opinions
- James v. Alderton Dock Yards, Ltd.New York Court of Appeals · 1931
- Self-Insurer's Ass'n v. State Industrial CommissionNew York Court of Appeals · 1918
- Jacob Goodman & Co. v. New York Telephone Co.New York Court of Appeals · 1955
- Wardrop Co. v. Fairfield Gardens, Inc.Appellate Division of the Supreme Court of the State of New York · 1933
- Ruth v. S. Z. B. Corp.New York Supreme Court · 1956
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