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GEN. PROP. CORP. v. DIAMOND

29 A.D.2d 173 (1968)

General Property Corporation, Respondent, v. Aaron Diamond, Appellant

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

January 25, 1968.

Attorney(s) appearing for the Case

Bernard Gartlir of counsel (Hofheimer, Gartlir, Hofheimer, Gottlieb & Gross, attorneys), for appellant.

Gerald D. Stern of counsel (Paul, Weiss, Rifkind, Wharton & Garrison, attorneys), for respondent.

BOTEIN, P. J., EAGER, CAPOZZOLI and McNALLY, JJ., concur.

STEUER, J.

Defendant moved to vacate a lis pendens and to dismiss the fifth cause of action. Plaintiff relies on the first and fifth causes of action to support the lis pendens. The allegations of the first cause of action follow. Defendant is the lessee of certain real property located on Third Avenue and 58th Street, Manhattan, by virtue of a lease with Young, the owner of the fee, made December...

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