ELMSFORD PROPS. CORP. v. DAITCH CRYSTAL DAIRIES, INC.


13 A.D.2d 1026 (1961)

Elmsford Properties Corporation, Respondent, v. Daitch Crystal Dairies, Inc., et al., Appellants

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

June 26, 1961


Order reversed, with $10 costs and disbursements, and motion to dismiss granted, with $10 costs, with leave to plaintiff, if so advised, to serve an amended complaint within 20 days after entry of the order hereon.

The action is brought pursuant to section 473 of the Civil Practice Act, for a judgment declaring the rights of the parties under a written lease in which the plaintiff is the landlord and the defendants are the tenants. The complaint prays for consequential...

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