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YEGHENIAN v. MERIT FARMS

32 Misc.2d 663 (1961)

Ave Yeghenian, Respondent, v. Merit Farms, Inc., Respondent, and City Bank Farmers Trust Co., as Trustees of William W. Astor and Others, Appellant.

Supreme Court, Appellate Term, First Department.

June 29, 1961

Attorney(s) appearing for the Case

Lee Sylvester for appellant. Emanuel Morgenbesser and Sidney J. Loeb for Merit Farms, Inc., respondent. Morris Elder Vogel for Ave Yeghenian, respondent.

Concur — HOFSTADTER, J. P., HECHT and AURELIO, JJ.

Per Curiam.

The defendant City Bank Farmers Trust Co., as trustees, etc., is entitled to a claim over against defendant Merit Farms, Inc., its tenant, for the amount of plaintiff's judgment against it. The negligence resulted from a defective step, which was used exclusively by the defendant Merit Farms, Inc., and for its benefit. Under the terms of the lease with its landlord, Merit was required to keep the demised...

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