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CORTLANDT CAFETERIA v. CORTLANDT & DEY STS. CORP.

277 A.D. 299 (1950)

Cortlandt Cafeteria, Inc., et al., Plaintiffs, v. Cortlandt and Dey Streets Corporation, Defendant

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

June 27, 1950.

Attorney(s) appearing for the Case

Eugene J. Morris of counsel (Alfred J. Callahan with him on the brief; Demov, Callahan & Morris, attorneys), for Cortlandt Cafeteria, Inc., plaintiff.

Henry L. Schaefer (Abbie Goldstein with him on the brief), for Chas. W. Wolf, Inc., plaintiff.

A. L. Caccia, Jr., of counsel (Elmer J. Hoare with him on the brief; Mitchell, Capron, Marsh, Angulo & Cooney, attorneys), for defendant.

DORE, J., and SHIENTAG, J., concur with GLENNON, J.; VAN VOORHIS, J., dissents and votes to enter declaratory judgment in favor of defendant in opinion in which PECK, P. J., concurs.

GLENNON, J.

The sole question presented by this submission is whether defendant landlord may, upon the facts stipulated, avail itself of the alternative provisions of section 4 of chapter 314 of the Laws of 1945, as amended, so as to have the rent of plaintiffs' space fixed by the application of the square-foot formula.

Both plaintiffs occupy business space in defendant's building as statutory tenants...

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