437 FIFTH CO. v. BARTON REALTY CORP.


23 A.D.2d 168 (1965)

437 Fifth Company, Appellant, v. Barton Realty Corporation, Respondent

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

May 13, 1965.


Attorney(s) appearing for the Case

Benedict Ginsberg for appellant.

Abraham Engelman and Martin L. Fried of counsel (Tenzer, Greenblatt, Fallon & Kaplan, attorneys), for respondent.

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


Per Curiam.

The street floor in landlord appellant's building at 437 Fifth Avenue, Manhattan, became vacant after having been occupied as one large store. On February 14, 1962, a portion of the floor was leased for a 10-year term to tenant respondent Barton Realty Corporation, an adjunct of a corporation operating numerous candy stores. The lease entitled Barton to possession by March 1, 1962, rent-free to June 1,...

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