New York Supreme Court August 11, 1971 (Airport Lodge of Rochester, Inc. v. Brooks-Buell, Inc.)

Marshall E. Livingston, J.

This controversy has been submitted on an agreed statement of facts and a stipulation by counsel as to additional facts requested by me, pursuant to CPLR 3222.

The background against which this controversy arises is clear and uncomplicated. In December of 1965 the plaintiff, Airport Lodge of Rochester, Inc., as tenant, and the defendant, BrooksBuell, Inc.