210 A.D. 125 | N.Y. App. Div. | 1924
Present — Kelly, P. J., Rich, Jay cox, Manning and Kapper, JJ.
The following is the opinion of the court below:
Plaintiff’s assignor made a contract with the defendant by which the latter agreed to build a moving picture theatre according to certain plans and specifications and then lease it to the former for a term of fifteen years. The agreement provided that it might be assigned to a corporation to be formed, and thereafter it was assigned to the plaintiff. By the agreement the lease was not to be entered into until the building was fully completed, and it was expressly agreed that substantial completion should not be sufficient. As the agreement provided that the building should be a moving picture theatre, it of course had to comply with the provisions of the law and ordinances affecting such buildings. Besides, the specifications, made a part of the agreement, required that the building should comply with all the local and State laws, ordinances and departmental regulations. Some months after the agreement was made defendant notified plaintiff’s assignor that the building was ready for occupancy and requested entry into the lease. Thereupon the agreement was assigned to the plaintiff and the latter entered into the lease with the defendant. By its terms the lease was not to begin .until September first. Early in September plaintiff began the operation of the moving picture theatre, having obtained a license, which expired the following March. A few days after beginning its operation plaintiff was notified that the building did not conform in certain respects with the requirements of law and the regulations of the various departments of the city, and this information was at once conveyed to defendant, who agreed to attend to all the items except