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PODOLSKY v. RUBIN

33 Misc.2d 874 (1962)

Jacob Podolsky, Plaintiff, v. Anna Rubin et al., Doing Business as Cohen's Meat Market, Defendants. Anna Rubin, Third-Party Plaintiff, v. Hyman Shucker, Third-Party Defendant.

Supreme Court, Trial Term, Kings County.

March 19, 1962

Attorney(s) appearing for the Case

Michels, Gangel & Walton (Dennis P. Hannify of counsel), for Anna Rubin, defendant and third-party plaintiff. Jacob M. Offenhender and Robert G. Burkhart for plaintiff. Yam, Schorr & Hershon (Leonard A. Hershon of counsel), for third-party defendant.

J. IRWIN SHAPIRO, J.

At the request of the parties, the jury was discharged and this case was continued as a nonjury cause upon a stipulation that, whatever the judgment, it be without costs or disbursements.

The defendant and third-party plaintiff acquired title to the premises in question in 1954 and has owned and maintained them ever since. At that time, and now, the premises consisted of four stores...

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