93 PRINCE ST. CORP. v. WOLF


11 Misc.2d 763 (1957)

93 Prince Street Corporation, Plaintiff, v. Samuel Wolf, Defendant.

Supreme Court, Special Term, New York County.

February 19, 1957.


Attorney(s) appearing for the Case

Leonard M. Henkin for plaintiff.

Samuel Becker for defendant.


FELIX C. BENVENGA, J.

Plaintiff moves for dismissal of the second and third defenses for insufficiency.

The action is upon a lease and an alleged breach thereof, in that defendant tenant left the premises in a condition constituting a violation of the lease covenant, thus entitling plaintiff to compensation for the injury. The second defense is based upon payment by and release to the mover, not a party to the action. Plaintiff contends that a...

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