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DAUB v. POPKIN

5 A.D.2d 283 (1958)

Peter C. Daub et al., Respondents, v. George Popkin et al., Individually and as Copartners Doing Business as 55th St. Building Co., et al., Appellants

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

March 11, 1958.

Attorney(s) appearing for the Case

Samuel Gottlieb of counsel (Louis A. Tepper with him on the brief; Gainsburg, Gottlieb, Levitan & Cole, attorneys), for George Popkin and others, appellants.

Herbert Plaut of counsel (Scribner & Miller, attorneys), for Weinbro Realty Corporation, appellant.

Sidney R. Pine of counsel (Joseph Buch, attorney), for respondents.

McNALLY and BASTOW, JJ., concur with FRANK, J. P.; STEVENS, J., concurs, in part, in opinion.

FRANK, J. P.

The defendants, who are the owners of record and lessees of an apartment house, appeal from a judgment which restrains them from continuing to convert the building from residential to commercial use. The second cause of action pleaded in the complaint sought a reformation of the leases. The trial court found for the defendants on this issue and no appeal...

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