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ALLYN v. STATE

11 A.D.2d 831 (1960)

Bernard Allyn et al., Doing Business as Plaza Delicatessen, Appellants, v. State of New York, Respondent. (Claim No. 33731.)

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

July 12, 1960

The court dismissed the claim upon the authority of Matter of City of New York (Triborough Bridge) (249 App. Div. 579, affd. 274 N.Y. 581). (See Gristede Bros. v. State of New York, 11 A.D.2d 580.) By paragraph 4 of the voluminous printed lease here involved, "movable trade fixtures" were excepted from a general annexation clause but paragraph 37, added by typewritten rider which would ordinarily control as against an inconsistent...

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