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SKYWAY CONTAINER CORP. v. CASTAGNA

27 A.D.2d 542 (1966)

Skyway Container Corporation, Appellant, v. Ferdinand Castagna et al., Doing Business under the Name of New South Road Realty Co., et al., Respondents

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

December 5, 1966

Order modified (1) by deleting its first decretal paragraph (dismissing the complaint) and (2) by substituting therefor a provision (a) denying the motion to dismiss the complaint, (b) directing that plaintiff is entitled to a declaration of its rights under the lease and sublease and (c) further directing that judgment shall be entered declaring that plaintiff is liable to defendant Columbia Corrugated Container Corp., the lessee, for the additional rent due to increased...

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