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BARASH v. PA. TERM. REAL ESTATE

31 A.D.2d 342 (1969)

Seymour Barash, Respondent, v. Pennsylvania Terminal Real Estate Corporation, Appellant

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

March 13, 1969.

Attorney(s) appearing for the Case

Max Freund of counsel (Milton Adler with him on the brief; Rosenman, Colin, Kaye, Petschek, Freund & Emil, attorneys), for appellant.

Arthur Goodstein of counsel (William Rigler with him on the brief), for respondent.

CAPOZZOLI and NUNEZ, JJ., concur with McGIVERN, J.; EAGER, J., dissents in opinion in which STEVENS, P. J., concurs.

McGIVERN, J.

The plaintiff, an attorney, is a tenant of a suite of offices in a newly constructed, completely air-conditioned office building, the walls and outer surfaces of which are sealed glass windows. Internally, the supply and circulation of air are exclusively under the control of the landlord.

This suit is against the landlord-owner of the building seeking: (a) the right of tenant to be relieved...

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