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CONDITIONER LEASING v. STERNMOR REALTY

22 A.D.2d 535 (1965)

Conditioner Leasing Corp., Respondent-Appellant, v. Sternmor Realty Corp., Appellant-Respondent, et al., Defendants

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

March 9, 1965.

Attorney(s) appearing for the Case

Burton M. Fine of counsel (Meyer Maltz and Fine Posner & Tofel, attorneys), for respondent-appellant.

Joseph Greenberg for appellant-respondent.

BREITEL, J. P., and McNALLY, J., concur with STEUER, J.; RABIN, J., dissents in opinion in which WITMER, J., concurs.

STEUER, J.

Plaintiff is the assignee of Atlantic Stove & Conditioning Corp. The latter company, on October 18, 1963, leased 125 air-conditioning units to 339 E. 51st Street Corp., the owner of a building located at that address. The lease was for a period of five years at a stipulated monthly rental. The lease provided that the units were not to become part of the realty and were at all times to remain the...

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