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WASHINGTON REFRIGERATION CORP. v. BENHERMAX CORP.

285 A.D. 732 (1955)

Washington Refrigeration Corporation, Respondent, v. Benhermax Corp., Appellant

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

May 10, 1955.

Attorney(s) appearing for the Case

Benjamin Heller of counsel (S. Stanley Kreutzer with him on the brief; Kreutzer Heller & Selman, attorneys), for appellant.

George Trosk of counsel (Jesse Climenko and Martin I. Shelton with him on the brief; Edward Raff, attorney), for respondent.

BREITEL, BASTOW, BOTEIN and RABIN, JJ., concur.

CALLAHAN, J. P.

This appeal presents certain questions with respect to the construction and application of subdivision (k) of section 8 of the Business Rent Law (L. 1945, ch. 314, § 8, subd. [k], added by L. 1949, ch. 535 and last amd. by L. 1953, ch. 452). The principal point is whether a proposed lease, which the tenant is asked to match, may be one for only part of a single integrated store occupied by...

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