Majority
p. 609Little Carnegie Realty Corporation, Appellant, Delmonico Movienews Theatre, Inc., Tenant; First Run Films, Inc., Tenant, Respondent, et al., Undertenants. Argued April 22, 1948; decided July 16, 1948.
p. 611
Samuel Seabury, George TrosTc, Floyd W. Tomkins, Jr., and Leon Savage for appellant.
Louis Nizer and Walter S. Beck for respondent.
Order affirmed, with costs; no opinion. [See 298 635.]
Concur: LoughraN, Ch. J., CoNway, DesmoND and Fuld, JJ. Lewis, Thacher and Dye, JJ., dissent on the ground that under the terms of the lease the landlord was entitled to terminate the leasehold.