Cohen v. Jonathan Levi Co. ( 1934 )

— 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.]