500 Fifth Avenue, Inc. v. Dalsheim

Full title: 500 FIFTH AVENUE, INC., Respondent, v. MORRIS D. DALSHEIM, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: May 24, 1949

275 App. Div. 821 (N.Y. App. Div. 1949)

Opinion

May 24, 1949.

Present — Peck, P.J., Glennon, Cohn, Callahan and Van Voorhis, JJ.; Callahan, J., dissents and votes to modify the judgment by reducing the same to $2,100.60 on the ground that the percentage rent fixed in the lease in effect June 1, 1944, measures the tenant's liability.

Judgment affirmed, with costs. No opinion.