NAT'L CONVERSION CORP. v. CEDAR BLDG. CORP.


29 A.D.2d 983 (1968)

National Conversion Corp., Respondent-Appellant, v. Cedar Building Corp. et al., Appellants-Respondents

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

April 22, 1968


Judgment affirmed, insofar as appealed from, without costs.

No opinion.

Benjamin, J., dissents with the following memorandum, in which Munder, J., concurs:

I would reverse the judgment and dismiss the complaint, as well as the summary proceeding as moot, severing the action and remitting to the Trial Term for the purpose of determining the damages sustained by defendants by reason of plaintiff's breach of the lease and occupancy of the...

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