Majority
p. 725Edward F. Cohen, Respondent, v. Jonathan Levi Company, Inc., Appellant.[1]
— Summary judgment affirmed, with costs. Hill, P. J., McNamee and Crapser, JJ., concur; Rhodes and Heffeman, JJ., dissent and vote to reverse and grant a new trial upon the ground that the terms of the lease are ambiguous and that the intent of the parties is a question of fact and that under this lease defendant is at liberty to introduce extraneous evidence to show the intent of the parties. (Dealy v. Klapp, 199 App. Div. 150 .) [ 150 Misc. 565 .]
Cases cited
- Cohen v. Jonathan Levi Co. 150 Misc. 565 p. 725