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  5. 277 A.D. 894 (1950)
 

MATTER OF GALLY REALTY CO., INC.

277 A.D. 894 (1950)

In the Matter of Gally Realty Co., Inc., Respondent-Appellant. Socony-Vacuum Oil Company, Incorporated, Appellant; Herman Tasman, Doing Business as Triangle Service Station et al., Respondents

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

June 19, 1950.

On appeal by Socony-Vacuum Oil Company, Incorporated, order, insofar as it fixes the emergency rental to be paid by said appellant, reversed on the law and the facts, with costs, payable by petitioner, and the petition as to it dismissed on the law, without costs.

In our opinion, under the circumstances disclosed the emergency rent control laws do not impose an obligation for rent upon a tenant who has surrendered the premises...

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