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ELKAR REALTY CORP. v. KAMADA

6 A.D.2d 155 (1958)

Elkar Realty Corp., Respondent, v. Mitsuye T. Kamada, Doing Business as Tsuruya Restaurant, Appellant

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

July 1, 1958.

Attorney(s) appearing for the Case

Jack Newton Lerner for appellant.

Joseph R. Apfel of counsel (Milton J. Freundlich, attorney), for respondent.

RABIN, J. P., M. M. FRANK, McNALLY and STEVENS, JJ., concur.

BERGAN, J.

In September, 1956 the landlord and tenant entered into a lease for 10 years of "the parlor floor front and back" in 237 West 105th Street. These premises were to be used for "a tea room and restaurant and for no other purpose".

The weight bearing capacity of the floor thus demised as shown by the certificate of occupancy of the department of housing and buildings of the City of New York was...

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