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DOUGLAS REAL ESTATE v. MONTGOMERY WARD

3 A.D.2d 146 (1957)

Douglas Real Estate Management Corp., Respondent, v. Montgomery Ward & Co., Incorporated, Appellant

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

January 24, 1957.

Attorney(s) appearing for the Case

David L. Dickson for appellant.

John T. De Graff and John T. De Graff, Jr., for respondent.

BERGAN and HALPERN, JJ., concur with GIBSON, J.; FOSTER, P. J., dissents and votes to affirm, in a memorandum in which COON, J., concurs.

GIBSON, J.

Defendant appeals from a judgment recovered by plaintiff for real estate brokerage commissions upon a lease to the State of New York of space in a building in the city of Albany.

Defendant was itself the lessee of the entire building under a lease for a term of 15 years, executed in 1947. At that time the State occupied 105,892 square feet of space in the building under leases expiring April...

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