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EDWARD TARR, INC., v. PHOENIX PUBL'N

1 A.D.2d 189 (1956)

Edward Tarr, Inc., et al., Appellants, v. Phoenix Publications, Inc., Respondent

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

February 14, 1956.

Attorney(s) appearing for the Case

Maurice R. Whitebook of counsel (Lewis, Herrick & Whitebook, attorneys), for appellants.

Arthur C. Kellman of counsel (Goodman & Mabel, attorneys), for respondent.

BREITEL, J. P., and RABIN, J., concur with BERGAN, J.; BOTEIN, J., dissents and votes to reverse in opinion, in which BASTOW, J., concurs.

BERGAN, J.

Plaintiffs were controlled tenants of commercial store space on the ground and second floors of 425 Madison Avenue. In November, 1954, defendant landlord notified plaintiffs that their tenancies were terminated as of December 31st of that year because of a bona fide offer of rental by another tenant and that they would be evicted if they did not remove before that time. The notice was given in pursuance...

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