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Adams v. Riker Operating Co.

296 N.Y. 521 Court N.Y. Decision date 1946-07-23 English

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p. 521
Mary M. Adams et al., as Executors of Helen L. Sackett, Deceased, Appellants, v. Riker Operating Company, Inc., Respondent.
Submitted June 4, 1946;
decided July 23, 1946.
p. 523
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: Lohghran, 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.