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CAREY v. 2127 BROADWAY REALTY CORP.

277 A.D. 752 (1950)

John J. Carey et al., Doing Business under the Name of Carey & Sullivan, Appellants, v. 2127 Broadway Realty Corp., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

May 9, 1950.

Per Curiam.

After alleging that defendant refused to pay the rental stated in the sublease because it exceeds the emergency rental provided by the emergency Business Rent Law (L. 1945, ch. 314, as amd.), plaintiffs set forth in their complaint facts which, if established, might estop defendant from asserting that the sublease was not in all respects valid and subsisting. The rights and liabilities of the parties in...

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