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R & K CORP. v. KENMONT HAT CO.

2 A.D.2d 41 (1956)

R & K Corporation, Respondent, v. Kenmont Hat Co., Inc., Appellant

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

June 12, 1956.

Attorney(s) appearing for the Case

Simon Rosenzweig of counsel (Morris Fish with him on the brief; Callman Gottesman, attorney), for appellant.

Jacob W. Friedman of counsel (Safir & Kahn, attorneys), for respondent.

BOTEIN, J. P., and FRANK, J., concur with VALENTE, J.; BERGAN, J., dissents and votes to modify by dismissing the complaint and in other respects affirm, in opinion in which BASTOW, J., concurs.

VALENTE, J.

Landlord sued a statutory tenant in contract and recovered a judgment for damages in the amount of $4,533.39, and obtained a dismissal of the tenant's counterclaim. The tenant appeals to this court from said judgment. There does not appear to be any serious dispute as to the facts.

In December of 1953 the landlord was the owner of a loft building. The tenant occupied the front third of the 15th...

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