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FLINT & BRADLEY v. MORRIS

199 Misc. 1030 (1951)

Flint & Bradley, Inc., Landlord, Respondent, v. Philip Morris, Tenant, Appellant.

Supreme Court, Appellate Term, First Department.

January 18, 1951.

Attorney(s) appearing for the Case

Oscar L. Liebling for appellant.

Maxwell Handelsman for respondent.

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

HAMMER, J.

Summary proceeding for immediate use and possession by landlord of second floor of landlord's building, pursuant to subdivision (d) of section 8 of the Commercial Rent Law (L. 1945, ch. 3, as amd.)

The lease in this case demised to the tenant the second and third floors "to be used and occupied only for residence with privilege to use second floor as sign shop and studio upon the conditions...

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