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MADISON HILL CORP. v. CONT'L BAK.

21 A.D.2d 538 (1964)

Madison Hill Corporation, Appellant, v. Continental Baking Company, Respondent

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

July 9, 1964.

Attorney(s) appearing for the Case

Michael P. Arra of counsel (Richard Barth with him on the brief; Burke & Burke, attorneys), for appellant.

Donald J. Zoeller of counsel (Nixon, Mudge, Rose, Guthrie & Alexander, attorneys), for respondent.

BREITEL, J. P., VALENTE, STEVENS and STALEY, JJ., concur.

RABIN, J.

On September 1, 1950 the petitioner as landlord, and the respondent as tenant, entered into a lease of a bakery building that was to be constructed by the landlord in Sacramento, California. In April, 1952 the tenant took occupancy of the bakery. In November, 1952, the tenant advised the landlord that there were certain deficiencies in the construction, among which were defects in the roof installation...

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