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MARBURT HOLDING CORP. v. PICTO CORP.

5 A.D.2d 617 (1958)

Marburt Holding Corp., Appellant, v. Picto Corp., Respondent, and Harry Brandt, Intervenor-Respondent

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

May 13, 1958.

Attorney(s) appearing for the Case

Clarence S. Barasch of counsel (Emil Leepson and Charles Rubman with him on the brief; Clarence S. Barasch, attorney), for appellant.

Morris Gutt of counsel (Milton C. Weisman with him on the brief; Weisman, Celler, Allan, Spett & Sheinberg, attorneys), for respondents.

Thomas J. Kelleher of counsel (Harold J. Treanor, attorney), for Real Estate Board of New York, Inc., amicus curiæ.

BREITEL, RABIN, FRANK and STEVENS, JJ., concur.

BOTEIN, P. J.

Petitioner-landlord appeals by leave of this court from a determination of the Appellate Term which reversed a final order and judgment of the Municipal Court. The Municipal Court had awarded possession of the Mayfair Theater to the landlord for failure of the tenant to pay rent.

The lease was executed between the Mayfair Building, Inc., the present landlord's predecessor in interest, and...

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