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MARGULIES v. MITTLEMARK

2 A.D.2d 883 (1956)

David Margulies et al., Copartners Doing Business under the Name of A. M. J. Novelty Co., et al., Respondents, v. Irving Mittlemark et al., Copartners Doing Business under the Name of Sixth Avenue & Thirty Ninth Street Associates, Appellants

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

November 13, 1956

Order unanimously reversed, with $20 costs and disbursements to the appellants and the motion granted (Edward Tarr, Inc. v. Phoenix Pubs., 1 A.D.2d 189, affd. 1 N.Y.2d 870), and judgment is directed to be entered in favor of the defendants dismissing the complaint herein, with costs.

The affidavits raise no issue of fact with respect to the tenants' agreement to remove after 16 months,...

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