Summary
In Adams v. Riker Operating Co. (296 N.Y. 521) the order involved "was entered prior to the effective date of the 1946 amendment relating to leases providing for rent in a graduated scale" (King Arthur Restaurant, Inc., v. London Terrace, Inc., 273 App. Div. 233, 235, supra).
Summary of this case from City Bank Farmers Trust Co. v. Seconset Corp.Opinion
Submitted June 4, 1946
Decided July 23, 1946
Appeal from the Supreme Court, Appellate Division, First Department, LEVEY, J.
Walter E. Warner, Jr. and Frank W. Chambers for appellants.
Max Schmer and Raphael H. Rhodes for respondent.
Order affirmed, with costs. First question certified answered in the negative. Second question certified answered in the affirmative. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, DESMOND and THACHER, JJ. CONWAY and FULD, JJ., dissent upon the ground that the lease, both in its original form and as modified, provided for a rental "in a graduated scale" within the meaning of Laws of 1945, chapter 314, section 13, as amended by Laws of 1946, chapter 273, and accordingly the lease provisions with regard to rent should control. Taking no part: DYE, J.