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MALLORY ASSOCS., INC., v. BARVING REALTY CO.

300 N.Y. 297 (1949)

Mallory Associates, Inc., Appellant, v. Barving Realty Co., Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided December 29, 1949

Attorney(s) appearing for the Case

Jules E. Gilbert and Harold Gilbert for appellant.

Nathan Frankel for respondents.

LOUGHRAN, Ch. J., LEWIS and DYE, JJ., concur with CONWAY, J.; FULD, J., dissents in opinion in which DESMOND and BROMLEY, JJ., concur.

CONWAY, J.

In November, 1946, the plaintiff, Mallory Associates Inc., leased from defendant, Barving Realty Co., Inc., the Atlantic Hotel, located in Norfolk, Virginia, for a period of fifteen years. The lease provided: "The Tenant has this date deposited with the Landlord the sum of Sixty-Five Thousand ($65,000.) Dollars, receipt of which is hereby acknowledged, without...

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