Tobin v. Union News Co.

• Decision Date: 23 January 1964
• Citation: Tobin v. Union News Co., 247 N.Y.S.2d 385, 13 N.Y.2d 1155 (N.Y. 1964)
• Parties: , 196 N.E.2d 735 Edward J. TOBIN, Respondent, v. The UNION NEWS COMPANY, Appellant.
• Court: New York Court of Appeals Court of Appeals

Page 385

247 N.Y.S.2d 385

13 N.Y.2d 1155, 196 N.E.2d 735

Edward J. TOBIN, Respondent, v. The UNION NEWS COMPANY, Appellant.

Court of Appeals of New York.

Jan. 23, 1964.

Appeal from Supreme Court, Appellate Division, Fourth Department, 18 A.D.2d 243, 239 N.Y.S.2d 22.

Landlord brought action against tenant for damages for alleged nonperformance by the tenant of a covenant in a restaurant lease providing for the conversion of a portion of the second floor of the demised premises from living quarters to banquet and restaurant facilities.

The Supreme Court, Trial and Special Term, Onondaga County, Eugene F. Sullivan, J., entered a judgment dismissing the complaint after trial, and the landlord appealed.

The Appellate Division entered an order reversing, on the law and the facts the judgment of the Trial and Special Term and granting a new trial.

The tenant appealed to the Court of Appeals, contending that twentieth paragraph of lease requiring the tenant to change living quarters on second floor to banquet and restaurant facilities at tenant's expense was vague, indefinite, and uncertain and that parol evidence was not admissible to prove the meaning of the twentieth paragraph.

Alderman & Alderman, Syracuse, for defendant-appellant.

Costello, Cooney & Fearon, Syracuse (James A. Martin, Syracuse, of counsel), for plaintiff-respondent.

Order appealed from affirmed, with costs, judgment absolute ordered for plaintiff on...