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CORTESE v. CONNORS

285 A.D. 40 (1954)

Nathan N. Cortese et al., Doing Business as Cortese Restaurant, Appellants, v. Beatrice C. Connors, Respondent, and Norbert Eisenstein, Intervener-Respondent. (Action No. 1.) Norbert Eisenstein, Respondent, v. Beatrice C. Connors, Appellant. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 18, 1954.

Attorney(s) appearing for the Case

Joseph P. Mangan for appellants in Action No. 1.

Peter A. Daniels and Theodore H. Cohn for respondent in Action No. 1 and appellant in Action No. 2.

James B. Gitlitz for intervener-respondent in Action No. 1 and respondent in Action No. 2.

BERGAN, J. P., COON, HALPERN and ZELLER, JJ., concur.

IMRIE, J.

Beatrice C. Connors, defendant in the above-entitled actions, owns commercial property in Binghamton, New York, a portion of which she had leased to James A. Cortese and Nathan N. Cortese, plaintiffs in Action No. 1. The lease contained the following provision: "The Landlord agrees that in the event of the Landlord's desire to sell the above mentioned property before the expiration of this Lease, the...

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