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CONFEDERATED PROPS. v. NOSEK

2 A.D.2d 383 (1956)

Confederated Properties, Inc., Respondent, v. Anton Nosek, Appellant

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

November 7, 1956.

Attorney(s) appearing for the Case

Samuel L. Nadler of counsel (Finkel & Nadler, attorneys), for appellant.

Robert L. London of counsel (Morway Picket, attorney), for respondent.

PECK, P. J., BREITEL, COX, FRANK and BASTOW, JJ., concur.

Per Curiam.

The landlord in this case sought in the Municipal Court an order of eviction against the tenant upon the ground that the tenant occupied commercial space which the landlord required for its own use. The Municipal Court dismissed the petition on the merits and granted a final order for the tenant upon a finding that the space occupied by the tenant was predominantly residential and that the landlord was not...

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