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Robert L. Rowe v. Great Atlantic & Pacific Tea Company

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eBook details

  • Title: Robert L. Rowe v. Great Atlantic & Pacific Tea Company
  • Author : Court of Appeals of New York
  • Release Date : January 06, 1978
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 70 KB

Description

We are called upon to determine whether a certain real property lease agreement contains an implied covenant limiting the lessees power to assign the lease. The property subject to the lease is located in Sag Harbor, New York. In 1964, petitioner, Robert Rowe, an experienced attorney and businessman and the owner of the land involved herein, leased the property to respondent Great Atlantic & Pacific Tea Co. (A&P) for use as a "general merchandise business". The agreement required Rowe to erect a building on the property, and provided for a yearly rental of $14,000 for a 10-year term. It also granted A&P options to renew for two additional seven-year periods, at a slightly lower rental. The lease contained no restrictions on assignment of the lease by A&P. Rowe constructed the building as agreed, and A&P took possession and utilized the premises for a supermarket.


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