400 MADISON AVE. CORP. v. NIEGO


278 A.D. 313 (1951)

400 Madison Avenue Corporation, Appellant, v. Leon Niego, Respondent

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

May 22, 1951.


Attorney(s) appearing for the Case

David I. Shivitz of counsel (Edmund B. Hennefeld with him on the brief; David L. Charal, attorney), for appellant.

Nathan Tanen of counsel (Ferdinand J. Wolf and Irving Sadur with him on the brief; Roosevelt, Freidin & Littauer, attorneys), for respondent.

PECK, P. J., DORE, COHN and McCURN, JJ., concur in Per Curiam opinion; VAN VOORHIS, J., concurs in result, in opinion.


Per Curiam.

By permission of this court, plaintiff landlord appeals from determination of the Appellate Term reversing a final order of the Municipal Court in favor of the landlord in a summary proceeding under subdivision (k) of section 8 of the Business Rent Law. (L. 1945, ch. 314, as amd. by L. 1949, ch. 535.)

By the statute in question, the Legislature has expressly provided that a proposed lease thereunder...

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