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UNITED EQUITIES v. MARDORDIC REALTY CO.

8 A.D.2d 398 (1959)

United Equities, Inc., Respondent, v. Mardordic Realty Co., Inc., Appellant

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

June 30, 1959.

Attorney(s) appearing for the Case

Joseph M. Callahan of counsel (Joseph R. Shaughnessy and Louis A. Craco with him on the brief; Cox, Treanor & Shaughnessy, attorneys), for appellant.

Harold H. Levin of counsel (Allen J. Feinstein and Martin J. Oppenheimer with him on the brief; Proskauer Rose Goetz & Mendelsohn, attorneys), for respondent.

BOTEIN, P. J., and RABIN, J., concur with McNALLY, J.; BREITEL, J., dissents and votes to reverse and grant summary judgment to defendant in opinion, in which M. M. FRANK, J., concurs.

McNALLY, J.

In an action for a declaratory judgment, this appeal is from an order granting plaintiff's motion for summary judgment and denying defendant's cross motion for summary judgment, and from the judgment thereon entered.

Involved is the construction of a formula for the determination of the rent applicable to a renewal term of 21 years contained in the modification of lease dated May 6, 1947 made...

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