11 WEST 42ND ST. v. ELZEE REALTY CORP.


277 A.D. 434 (1950)

11 West 42nd Street, Inc., Appellant, v. Elzee Realty Corp., Respondent

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

November 14, 1950.


Attorney(s) appearing for the Case

Louis Okin of counsel (Sohn & Okin, attorneys), for appellant.

Bernard Weiss of counsel (Dorff & Levy, attorneys), for respondent.

PECK, P. J., GLENNON, CALLAHAN, and VAN VOORHIS concur in Per Curiam opinion; SHIENTAG, J., dissents and votes to affirm, in opinion.


Per Curiam.

This court by its prior ruling (276 App. Div. 1010) denying plaintiff relief by way of temporary injunction did not intend to indicate that it found the complaint insufficient. Under the circumstances then existing it seemed the better course to have the action await trial when an appropriate decree might be framed.

The contractual rights contained in the lease were projected into the statutory tenancy...

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