8008 REALTY CORP. v. NOVELTY CAN CO., INC.


8 Misc.2d 814 (1957)

8008 Realty Corporation, Respondent, v. Novelty Can Co., Inc., Appellant.

Supreme Court, Appellate Term, First Department.

February 28, 1957.


Attorney(s) appearing for the Case

Joseph M. Schwartz for appellant.

David Fund for respondent.

HOFSTADTER, STEUER and AURELIO, JJ., concur.


Per Curiam.

The landlord failed to establish any right to possession under the provisions of section 8 of the Commercial Rent Law (L. 1945, ch. 3, as amd.). The corporation for which possession was sought was neither a subsidiary corporation of the landlord nor the owner of 90% of the landlord's stock within the purview of paragraph (1) of subdivision (d) of that statute which governs this case. The fact that the same...

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