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  5. 9 N.Y.2d 94 (1961)
 

VERNON v. SARRA, INC.

9 N.Y.2d 94 (1961)

Ida J. Vernon et al., Respondents, v. Sarra, Inc., Appellant, and Manufacturers Trust Company, as Successor Committee of the Property of Ethel J. Quin, an Incompetent Person, et al., Respondents. Sarra, Inc., Third-Party Plaintiff-Appellant, v. Manufacturers Trust Company, Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Reargued January 4, 1961.

Decided January 19, 1961.

Attorney(s) appearing for the Case

C. Joseph Danahy, John Wheeler and Harold Alpert for appellant.

Herman M. Glassner, Howard N. Gorham, Lilburn S. Rogers and Stephen A. Carb for respondents.

N. Holmes Clare for Darwin R. James, IV, respondent.

Rolon W. Reed and William D. Conwell for Manufacturers Trust Company, respondent.

Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS and FOSTER concur; Judge BURKE concurs in an opinion in which Judge FROESSEL concurs.

Upon reargument: Judgment affirmed, nunc pro tunc as of October 17, 1960, with costs. In the case of a lease made by the committee of an incompetent, section 1377 of the Civil Practice Act requires court approval if the termination date is more than five years from the date of the execution (Matter of Trapasso Oldsmobile [Italian Soc.] 4 N.Y.2d 133, 136).

BURKE...

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