ELISHEWITZ & SONS CO. v. BARRY EQUITY CORP.


280 A.D. 336 (1952)

Jacob Elishewitz & Sons Co., Inc., Appellant, v. Barry Equity Corp., Respondent

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

June 26, 1952.


Attorney(s) appearing for the Case

Bernard Tomson of counsel (Norman Coplen with him on the brief; Bernstein, Weiss, Tomson, Hammer & Parter, attorneys), for appellant.

Stanley Bogart of counsel (Murray I. Sommer with him on the brief; Bogart & Lonergan, attorneys), for respondent.

Louis M. Meringolo, attorney (Reuben A. Lazarus and Saul Kaplan with him on the brief), for New York State Temporary Commission to Study Rents and Rental Conditions, amicus curiæ.

PECK, P. J., CALLAHAN, VAN VOORHIS and HEFFERNAN, JJ., concur.


BERGAN, J.

Plaintiff is engaged in the manufacture of hats and requires live steam in this process. In a series of written leases terminating in 1947 it was agreed between the parties that defendant as landlord would furnish steam for plaintiff's use at a charge separate from the rent. Since the termination of the last lease in 1947 plaintiff has occupied the premises as a statutory tenant.

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