MICHAELS v. LISPENARD HOLDING CORP.


11 A.D.2d 12 (1960)

Joseph Michaels et al., Copartners Doing Business under the Name of Joseph Michaels Co., Respondents, v. Lispenard Holding Corp., Defendant; Leo Fenster et al., Appellants, and Crown Litho, Inc., Respondent

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

June 14, 1960.


Attorney(s) appearing for the Case

Charles H. Fier of counsel (Elihu Fier with him on the brief; Charles H. Fier, attorney), for appellants.

Herbert H. Halberg of counsel (Standard, Weisberg, Harolds & Malament, attorneys), for respondents.

BOTEIN, P. J., BREITEL, RABIN, McNALLY and STEVENS, JJ., concur.


Per Curiam.

This is an appeal by the individual defendants from an order denying their motion for summary judgment dismissing the complaint and the cross complaint of Crown Litho, Inc. The complaint and cross complaint as against these individual defendants-appellants are based upon the claim that they are managing agents in exclusive control of the premises.

Plaintiffs, a copartnership, are occupants under...

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