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MATTER OF ALIBEL CORP. (COMPO SHOE)

285 A.D. 140 (1954)

In the Matter of Alibel Corporation et al., Appellants. Compo Shoe, Inc., et al., Respondents

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

December 21, 1954.

Attorney(s) appearing for the Case

Leon London for appellants.

Howard Rosenberg of counsel (Robert J. Eliasberg, Murray Miller, Howard A. Rosenberg and Reuben J. Aronson, attorneys), for respondents.

PECK, P. J., and BOTEIN, J., concur with BREITEL, J.; CALLAHAN, J., dissents in part, in opinion in which COHN, J., concurs.

BREITEL, J.

This is a proceeding to fix the reasonable rent of office space under subdivision 1 of section 4 of the Business Rent Law (L. 1945, ch. 314, as last amd. by L. 1954, ch. 447). Landlord appeals from an order denying modification of a notice by tenant to examine the landlord before trial with respect to post-petition increases in rental income.

Landlord's petition alleged increases in taxes and...

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