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220 W. 42 ASSOC. v. COHEN

60 Misc.2d 983 (1969)

220 West 42 Associates, Respondent, v. Leo D. Cohen, Appellant, and Palace Books, Inc., Undertenant-Appellant, and Whiteway Books, Inc., et al., Undertenants-Respondents. (Proceeding No. 1.) Leo D. Cohen, Doing Business as Redaco & Co., Appellant, v. Frank Carroll, Respondent, and Palace Books, Inc., et al., Respondents-Assignees. (Proceeding No. 2.)

Supreme Court, Appellate Term, First Department.

June 26, 1969

Attorney(s) appearing for the Case

Pomerantz Levy Haudek & Block (Abraham L. Pomerantz of counsel), for Leo D. Cohen, appellant. Goldwater & Flynn (James L. Goldwater and Leon Liner of counsel), for 220 West 42 Associates, respondent. Flaum, Growman, Sassower, Rosenberg & Postel (Emanuel Growman of counsel), for Palace Books, Inc., appellant in Proceeding No. 1 and respondent in Proceeding No. 2, and for Frank Carroll, respondent. Angelo Russo for Whiteway Books, Inc., respondent in both proceedings.

Concur — STREIT, J. P., HOFSTADTER and GOLD, JJ.

Per Curiam.

Both of these holdover summary proceedings were tried together. Proceeding No. 1 was brought by the owner of the building against the main tenant of three stores and the subtenants of each store. Proceeding No. 2 was brought by the main tenant (as landlord) against the sublessee and assignees of the sublessee of one of the stores. Trial Term granted the owner...

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