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MTR. OF MASONIC FUND (LIGGETT DRUG CO.)

1 N.Y.2d 616 (1956)

In the Matter of Trustees of the Masonic Hall and Asylum Fund, Respondent-Appellant. Liggett Drug Company, Inc., Appellant-Respondent.

Court of Appeals of the State of New York.

Decided July 11, 1956.

Attorney(s) appearing for the Case

Mendel Lurie, Bernard H. Goldstein and Lawrence A. Cohen for appellant-respondent.

William M. Kufeld and Herman M. Glassner for respondent-appellant.

DESMOND, DYE, FULD, VAN VOORHIS and BURKE, JJ., concur; FROESSEL, J., taking no part.

CONWAY, Ch. J.

In this proceeding, the landlord sought to have the rent of the tenant increased from $52,000 to $96,000 per annum pursuant to subdivision 1 of section 4 of the Business Rent Law (L. 1945, ch. 314, as amd.). The Supreme Court, New York County, after trial, dismissed the landlord's petition, and the Appellate Division, First Department, in unanimously reversing...

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