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MATTER OF SIPAL CORP. (DANKERS)

5 A.D.2d 84 (1957)

In the Matter of Sipal Realty Corporation, Appellant. Martin L. Dankers et al., Respondents

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

December 17, 1957.

Attorney(s) appearing for the Case

Theodore B. Wolf of counsel (Frederick B. Sussmann with him on the brief; Zalkin & Cohen, attorneys), for appellant.

William L. Messing for respondents.

BOTEIN and McNALLY JJ., concur with BERGAN, J.; VALENTE, J., dissents in an opinion, in which BREITEL, J. P., concurs.

BERGAN, J.

The petitioner is the owner of a building at 200 West 57th Street. This proceeding against respondents as statutory tenants seeks an order determining the rental in pursuance of the Business Rent Law (L. 1945, ch. 314, as amd.). The petition has been dismissed at Special Term on the ground that the conditions upon which relief under this statute is to be predicated are not shown on the face of the pleading...

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