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SYNDICATE BLDG. CORP. v. HIDE CORP.

13 Misc.2d 473 (1958)

Syndicate Building Corporation, Appellant, v. Hide Trading Corporation, Respondent, et al., Undertenant.

Supreme Court, Appellate Term, First Department.

September 25, 1958.

Attorney(s) appearing for the Case

Benjamin Miller for appellant.

Sidney Roffman for respondent.

AURELIO, J., concurs in result with STEUER, J. P., HOFSTADTER, J., dissents in opinion.

ARON STEUER, J. P.

In this summary proceeding there was a preliminary issue as to whether the respondent had previously been a tenant or a subtenant. It was found that it had been a tenant and finding no reason to disturb that finding we proceed on that basis.

Appellant is the owner of 15 Park Row. In 1952 respondent was a tenant in the building, occupying space on the 17th floor. On October 1 of that year respondent moved to the 12th floor and...

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