New Britain herald., 1930-01-09
.BELV|DERE STORE ROW IS REVIEWED
(Continued From First Page)

NeIC IeIloNeu Just pTlOF to eAplTd- tion of the lease.
 On cross examination by Attorney Israel Nair Kolodney admitted ! ownership of drugstore a few hun dred feet from the Andrews build ing and said his mother, Mrs. Dora kolodney. is the owner of several business sites in the same block. An | objection to this line of questioning was raised by Attorney Monroe $. Gordon, counsel for the remon- strants, but it was admitted after Attorney Nair explained it's purpose 10 be one of proving prejudice.
 Roy Wilcox Of Io5 Francis street, testified to residence in the local ity for about five years, and could not recall that the Andrews sto1 c has been used for any particular purpose" during that period.
 No Business, Rutherford
 Building Inspector A. N. Ruthcr- ford was next called. Asked by At torney Gordon if he is familiar with the property in question, he smiled and answered: Very familiar" Business was discontinued in 1925, shortly after zoning went into effect, the inspector said. shown a copy of the zoning law which provides that owners of conforming properties may secure certificates of l occupancy to protect their interests, and asked if MT. Andrews had ask ed for such a document, the wit ness answered negatively.
 Attorney Nalr asked if anyone else has ever applied for such a cer- titicate and when the inspector was about to answer, Attorney Gordcn objected and was sustained.
 , Attorney Gordon rested the ap- 1 pellant's case at this point. Attorney Nair and Corporation Counsel John l H. Kirkham conferred for mo- Andrews, owner of the property, to the witness stand.
 Mir. Andrews testified 10 dates of i residence, construction of the store, 1 its uses and the lease to Kolodney. 1 In 1925. he said, kolodney moved | iii' 'bSiiltN' II olii lliN DulldiilS III question 10 one which he had erect , ed a short distance to the south, but f continued to use the premises for storage until 1929. when the lease i expired. As late as April and May l 1929. shipments Of soap, soap pow ders, bottles and jugs, moved out of , the building, Mir. Andrews said, and in June. fixtures were taken away.
 MT. Andrews vas asked if he had made a deal with Mr. Comstocl to have the building removed, q state- nent made by the latter yesterday and he answered with an emphatic no" He added that Mir. Comstock came to his store in 1918 and pur- chased a can of salmon, remarkine that he was pleased there was a store located so convenient to his new home.
 Asked if kolodney had ever ask ed to be released from the agree ment for use of the store, Andrews said such a request had not been made. When he was about 10 an swer a question whether he had sought to have the lease cancelled Attorney Gordon objected and was sustained. The lawyer again objected ed and was sustained when Mr. An drews was asked if he knew why kolodny was anxious to continue tc pay rent and hold the lease al though he had discontinued retai ! h,o Kolodney he would sue if the store was not cleaned out before July and when Attorney Gordon recon. structed the question to include any agent of Andrews in the alleged de- mand. the witness said his daughter might know something about it.
 Miss Andrews Refutcs
 Tho daughter. Miss Gladys An. droWs. was then called to tho stand She gave her occupation as presi, dent and treasurer of Pine Lake Shores, Inc. and said she had con. siderable experience in real estate transactions. maintaining offices ir Hartford. The store has been in con- tinuous use with hardly a week passing when the kolodney truck did not come with or for mcrchan, disc. she testified. In 1928. she con. tinued, she sent her attorney, anG also sent a real estate agent to dick. CT with kolodney for cancellation ot the lease, but without success. Op, portunities to lease the store to oth. CTS presented themselves almost Ievery month, she told Judge Jen. nings, but kolodneys refusal to turr in the lease for consideration, pre-. vented agreements.
 Stephen Cubles, also an officer O
 Pine Lake Shores, Inc, was the next sworn in as a witness. He tolt of a visit to Samuel kolodney in No vember. 1928. at which time he mad, an offer to sell the property to Ko
 lodney. but the deal fell through when no agreement could be arrived at with reference to sale price. Fl, then asked Kolodney to release tn, lease. he said, and Kolodney an
 swered he had held it so long h,
 would continue to pay rent and alloy
 the agreement to terminate in tn,
 regular way. the witness said
 Attorney Gordon did not cross-ex
 anime the witness.
 Lawyer Cannot Testify
 Judge Kirkham and Attorney Mai
 again conferred after which th
 former addressed Judge Jenning
 and stated that his associate counse
 had been sent to Kolodney by Mis-
 Andrews on mission similar to tha
 of Cublcs. and for this reason h.
 asked permission to call Lawyer Mai as witness. Judge Jennings declin
 cd, but Attorney Gordon admitte' : offers for cancellation had becl