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MUZAK CORP. v. HOTEL TAFT CORP.

285 A.D. 694 (1955)

Muzak Corporation, Appellant, v. Hotel Taft Corporation, Respondent

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

May 3, 1955.

Attorney(s) appearing for the Case

Irving P. Schlesinger of counsel (Patricia Hatry with him on the brief; Davis & Gilbert, attorneys), for appellant.

Herbert L. Ortner of counsel (Irving M. Moss with him on the brief; Arthur Richenthal, attorney), for respondent.

COHN and CALLAHAN, JJ., concur with RABIN, J.; BASTOW, J., dissents in opinion in which PECK, P. J., concurs.

RABIN, J.

This is an appeal from a determination of the Appellate Term which reversed a judgment in favor of plaintiff in the Municipal Court and dismissed the complaint.

In April, 1937, an agreement was made by the plaintiff's and defendant's respective predecessors to install in the defendant's hotel and to lease to it all the necessary mechanical and electrical equipment for the reception of the program...

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