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208-234 FALLS ST. v. N. Y. CENT.

27 A.D.2d 131 (1967)

208-234 Falls Street, Inc., Respondent, v. New York Central Railroad Company, Appellant

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

January 19, 1967.

Attorney(s) appearing for the Case

Brown, Kelly, Turner, Hassett & Leach (Donald G. McGrath of counsel), for appellant.

Rice, Rice, Hustleby & Chace (Robert L. Rice, Jr., of counsel), for respondent.

BASTOW, J. P., GOLDMAN, DEL VECCHIO and MARSH, JJ., concur.

Per Curiam.

This is an appeal from a judgment in favor of plaintiff in an action to recover overpayments of charges under a lease.

Plaintiff had been the lessee of property fronting on Falls Street in the City of Niagara Falls since 1932. The lease was terminated September 30, 1961, and the action is to recover a claimed overpayment for the 5-year period — 1956-1960. As part of plaintiff's rental obligation...

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