BARBEE v. 2639 CORP.


284 A.D. 298 (1954)

Hiram C. Barbee et al., Respondents, v. 2639 Corporation et al., Appellants

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

May 25, 1954.


Attorney(s) appearing for the Case

Stephen K. Rapp for respondents.

Robert S. Fougner of counsel (McLaughlin & Fougner, attorneys), for appellants.

PECK, P. J., COHN, BASTOW and BOTEIN, JJ., concur.


BREITEL, J.

Defendants, owner and agents of buildings, part residential and part commercial, appeal from an order denying their motion to dismiss the amended complaint for insufficiency and lack of jurisdiction. Plaintiffs are statutory residential tenants. The learned Special Term stated, and the tenants on this appeal adopted his language, that "The gravamen of the complaint is the unlawful attempt of defendants...

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