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O'LEARY v. HALLIES

198 Misc. 341 (1950)

Margaret N. O'Leary et al., Landlords, Appellants, v. Nicholas C. Hallies, Tenant, and Raymond Brost et al., Undertenants, Respondents.

Supreme Court, Appellate Term, First Department.

March 16, 1950.

Attorney(s) appearing for the Case

Abraham Nayowitz and Leon London for appellants.

Joseph A. Muccia for respondents.

HECHT, J., concurs with HAMMER, J.; EDER, J., dissents in opinion.

HAMMER, J.

The petition alleges that the premises are occupied for business purposes and that the tenant entered into possession of said premises and still occupies the same as a statutory tenant; that on the first day of November, 1949, there was due the landlords $471.50 for rent for October and November plus $6.84 plate glass insurance, $24 for water from August 24 to November 15, 1949; that the rent has...

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