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CITY BANK FARMERS TRUST CO. v. RIVAL SHOE CO.

198 Misc. 1002 (1951)

City Bank Farmers Trust Company, as Trustee under Two Deeds of Trust Made by William W. Astor, Plaintiff, v. Rival Shoe Company, Inc., Defendant.

Supreme Court, Special Term, New York County.

January 5, 1951.

Attorney(s) appearing for the Case

Elmer J. Hoare and Francis O. Mayer for plaintiff.

John Benn Butler and David A. Campbell for defendant.

HECHT, J.

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...

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