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LOW v. HUMBLE OIL & REF. CO.

51 Misc.2d 281 (1966)

Bruno E. Low, Plaintiff, v. Humble Oil & Refining Company, Defendant.

Supreme Court, Special Term, Broome County.

July 19, 1966

Attorney(s) appearing for the Case

Hinman, Howard & Kattell (A. Lawrence Abrams of counsel), for plaintiff. Wolf & Burrell (George A. Burrell of counsel), for defendant.

DAVID F. LEE, JR., J.

This is a motion by plaintiff for summary judgment made pursuant to CPLR 3212 in an action to recover rent under a lease of a gasoline station. Defendant requests summary judgment dismissing the complaint.

The lease, dated January 10, 1955, is for a period of 20 years, commencing May 1, 1955. The premises demised and leased are described in the lease, in part, as follows: "ALL THAT...

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