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MERCANTILE CORP. v. ASTOR HOLD. CORP.

4 Misc.2d 135 (1956)

Mercantile Exchange Leasing Corporation, Plaintiff, v. Astor-Broadway Holding Corp., Defendant.

Supreme Court, Special Term, New York County.

August 29, 1956.

Attorney(s) appearing for the Case

Gettinger & Gettinger for plaintiff.

Harris J. Klein for defendant.

GEORGE TILZER, J.

Plaintiff leased certain premises from defendant by an agreement, dated November 15, 1955, for a term of 10 years commencing April 1, 1956. In the period prior to the commencement of the term, plaintiff was obliged to take certain steps preparatory to the use and exploitation of the space and to deposit $25,000 with the defendant. Pursuant to article 39, plaintiff could cancel on or before March 1, 1956, notwithstanding

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