PIERSON v. CARVEL STORES REALTY CORP.


18 A.D.2d 822 (1963)

James R. Pierson et al., as Trustees under The Will of Henry L. Pierson, Deceased, Respondents, v. Carvel Stores Realty Corp. et al., Appellants

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

January 14, 1963


Order and judgment modified on the law and the facts as follows: (1) by deleting its three decretal paragraphs granting the motion, striking out defendants' answer and awarding judgment against defendants for the full amount demanded in the complaint; (2) by substituting therefor a provision granting the motion to the extent of directing partial summary judgment, without costs, to plaintiffs against defendants for $1,013.32 (such sum representing the unpaid rent installments...

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