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SIPAL REALTY CORP. v. WILLIAM

21 Misc.2d 287 (1959)

Sipal Realty Corporation, Respondent, v. Maurice William, Appellant.

Supreme Court, Appellate Term, First Department.

November 25, 1959.

Attorney(s) appearing for the Case

William L. Messing for appellant.

Zalkin & Cohen (Frederick B. Sussmann of counsel), for respondent.

Concur — STEUER, J. P., AURELIO and TILZER, JJ.

Per Curiam.

The court below based its decision on a finding that rent was due in accordance with a judgment rendered in Special Term, Supreme Court. Thereafter, the Appellate Division reversed the Special Term. (Matter of Sipal Realty Corp. [Dankers], 16 Misc.2d 827, revd. 8 A.D.2d 355.) While the preferable practice would have been to move in the Municipal Court for a new trial...

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