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COPPOLA v. TIDEWATER OIL CO.

20 A.D.2d 127 (1963)

Nicholas Coppola et al., Respondents, v. Tidewater Oil Company, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 17, 1963.

Attorney(s) appearing for the Case

Richard E. Shandell of counsel (Desmond T. Barry with him and the brief; Barry, Treanor, Shandell & Brophy, attorneys), for appellant.

Benjamin Levin of counsel (Liflander & Levin, attorneys), for respondents.

RABIN, J. P., McNALLY and STEVENS, JJ., concur.

STEUER, J.

Plaintiffs are the owners of the property located at 3840 Boston Post Road. It is improved as a gas station. The property was leased under a written lease which in 1959 was assigned to defendant. At that time, and at all times since, the gas station was sublet to an operator. The sublease was also assigned and on February 8, 1962, the sublessees were Arnone and Lona. On that day the station was destroyed...

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