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LACKEY v. HEMPEL

276 A.D. 909 (1950)

James Lackey, Appellant, v. Charles G. Hempel, Respondent

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

January 16, 1950.

MEMORANDUM BY THE COURT.

In an action by a tenant to recover damages from his former landlord, pursuant to the provisions of the Commercial Rent Law (L. 1945, ch. 3, § 8, subd. [d], as amd.), the landlord pleaded an affirmative defense of release executed and delivered to him by the tenant for a valuable consideration prior to the landlord's reletting to a third person. The tenant appeals from an order denying his motion to strike out this affirmative defense...

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