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GALANTE v. HATHAWAY BAKERIES

6 A.D.2d 142 (1958)

Julius Galante, Respondent, v. Hathaway Bakeries, Inc., Appellant

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

July 9, 1958.

Attorney(s) appearing for the Case

Stephen V. Lines and Morton A. Polster for appellant.

William J. McDonald for respondent.

All concur. Present — McCURN, P. J., KIMBALL, BASTOW, GOLDMAN and HALPERN, JJ.

BASTOW, J.

These appeals present a question of law that appears to be one of first impression in this State. The basic issue relates to the liability of a tenant for damage by fire to the demised premises alleged to have been caused by the negligence of the lessee. The issue under consideration is the sufficiency as a matter of law of an affirmative defense alleged in...

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