CITY BANK FARMERS TRUST CO. v. CAPLES CO.


276 A.D. 428 (1950)

City Bank Farmers Trust Company, as Trustee, Respondent, v. Caples Company, Appellant

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

February 28, 1950.


Attorney(s) appearing for the Case

Bertram Field of counsel (A. Edward Masters, attorney), for appellant.

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

PECK, P. J., GLENNON, CALLAHAN, VAN VOORHIS and SHIENTAG, JJ., concur.


Per Curiam.

Plaintiff sues for a declaratory judgment determining that emergency rent be fixed under chapter 273 of the Laws of 1946, upon the basis of the rent charged for the most nearly comparable business space or other satisfactory evidence. The complaint alleges that one of plaintiff's predecessors in title, as landlord, leased to defendant, as tenant, for a term of two years commencing May 1, 1944, the 26th floor...

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