630 McKINLEY SQUARE v. A. & P. CO.


55 Misc.2d 378 (1967)

630 McKinley Square Corp., Plaintiff, v. Great Atlantic & Pacific Tea Company, Inc., Defendant.

Civil Court of the City of New York, Bronx County.

December 12, 1967


Attorney(s) appearing for the Case

Abraham J. Yasgour for plaintiff. Weisman, Celler, Allan, Spett & Sheinberg (George R. Ruditz of counsel), for defendant.


WILLIAM KAPELMAN, J.

This is an action brought by the plaintiff landlord to recover rent for a store leased to the defendant tenant pursuant to lease between the parties dated February 9, 1954. The unpaid rent is for the months of March, 1966, through May, 1967, excepting the month of April, the parties having stipulated that the rent due is $8,721.97. Against this sum defendant asserts a defense of payment...

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