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ARZEE SUPPLY CORP. v. SILVERMAN

31 Misc.2d 168 (1961)

Arzee Supply Corp., Plaintiff, v. Bernard Silverman et al., Defendants.

Supreme Court, Special Term, Nassau County.

September 27, 1961

Attorney(s) appearing for the Case

Alfred Feingold for plaintiff. Gerald D. Broder for Michael Gaines and another, defendants. Jerome R. Halperin for Bernard Silverman and another, defendants.

FRANK A. GULOTTA, J.

These are separate motions by two sets of defendants to dismiss the complaint for legal insufficiency.

The plaintiff seeks a declaratory judgment defining its rights under a lease which contains an option to purchase.

The lease was made with the defendants Silverman, commencing October 1, 1960, to run for 15 years. In Paragraph 32nd it gives the tenant, who is the plaintiff in this action, a first option to purchase...

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