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ARBANA REALTY CORP. v. HERSCHER

35 Misc.2d 392 (1962)

Arbana Realty Corp., Appellant, v. Milton Herscher et al., Respondents.

Supreme Court, Appellate Term, First Department.

June 7, 1962

Attorney(s) appearing for the Case

Turk, Marsh, Ouchterloney & Kelly (Francis O. Mayer of counsel), for appellant. Sirota & Kurta (Samuel Stempler of counsel), for respondents.

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

Per Curiam.

The four-day notice by the plaintiff landlord to the defendant tenants to remove from their space at the expiration of the lease term or their occupancy of the entire floor would be for another year on the same terms and conditions as in the expiring lease was insufficient and failed to afford the tenants a reasonable time to respond. In the face of such inadequate notice the law will not imply a holding...

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