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BUCCANEER, INC. v. CERBONE

32 Misc.2d 657 (1961)

Buccaneer, Inc., Appellant, v. Lawrence Cerbone et al., Respondents.

Supreme Court, Appellate Term, Second Department.

June 7, 1961

Attorney(s) appearing for the Case

Dreyer & Traub (Seymour C. Simon of counsel), for appellant. King & Korn (Daniel King of counsel), for respondents.

Concur — DI GIOVANNA, BENJAMIN and DALY, JJ.

Per Curiam.

Tenants failed to establish their defense and counterclaim by any competent evidence (Jackson v. Paterne, 58 Misc. 201, affd. 128 App. Div. 474; Altz v. Lieberson, 233 N.Y. 16). Landlord's acceptance of the rent payments subsequent to the entry of the final order was not a waiver of its right to prosecute this appeal (8 Carmody-Wait, New York Practice, Appeals in General, §§ 83, 84).

The final order should be unanimously...

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