METRO. FUEL DISTRIBS. v. COOGAN


277 A.D. 138 (1950)

Metropolitan Fuel Distributors, Inc., Respondent, v. Jay Coogan et al., as Administrators of The Estate of Harriet G. Coogan, Deceased, Appellants

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

June 6, 1950.


Attorney(s) appearing for the Case

Timothy N. Pfeiffer of counsel (Samuel Ross Ballin with him on the brief; Milbank, Tweed, Hope & Hadley, attorneys), for appellants.

Spencer Pinkham of counsel (Holthusen & Pinkham, attorneys), for respondent.

PECK, P. J., GLENNON, COHN and SHIENTAG, JJ., concur.


VAN VOORHIS, J.

Defendant administrators appeal from an order denying their motion for summary judgment dismissing the complaint. The complaint alleges that on May 28, 1944, plaintiff and defendants' intestate entered into a lease for a term commencing June 1, 1944, and later extended to May 31, 1947, of a parcel of land 150 feet in width along the Harlem River, that plaintiff entered into possession as lessee...

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