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HOCK v. 250 NORTHERN AVE. CORPORATION

No. 277.

142 F.2d 435 (1944)

HOCK v. 250 NORTHERN AVE. CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

April 17, 1944.

Attorney(s) appearing for the Case

Nathan Tolk, of New York City, for appellant.

Joseph G. Abramson, of New York City (Louis G. Abrams, of New York City, of counsel), for appellee.

Harold J. Treanor, of New York City, amicus curiae for Real Estate Board of New York, Inc.

Hughes, Hubbard & Ewing, of New York City, amicus curiae for Metropolitan Fair Rent Committee.

Joseph Ratner, of New York City, amicus curiae for Mayor's Committee on Rents.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

SWAN, Circuit Judge.

This is an action for a declaratory judgment, with a prayer for an injunction pendente lite and a permanent injunction after trial. The complaint sets forth the following facts: The appellee, a New York corporation, owns a building in New York City in which the appellant leased an apartment for himself and his family at a stipulated monthly rental for a term that expired September 30, 1943. At the expiration of the lease the tenant refused to...

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