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  5. 25 N.Y.2d 543 (1969)
 

MATTER OF NELKIN v. H. J. R. REALTY CORP.

25 N.Y.2d 543 (1969)

In the Matter of Julian Nelkin et al., Appellants, v. H. J. R. Realty Corporation, Respondent.

Court of Appeals of the State of New York.

Decided December 11, 1969.

Attorney(s) appearing for the Case

Solomon Sidney Goldsmith for appellants.

Edward Brodsky, Jay H. Landau and Mel P. Barkan for respondent.

Judges BURKE, BERGAN, BREITEL and GIBSON concur with Judge SCILEPPI; Chief Judge FULD dissents and votes to reverse in a separate opinion in which Judge JASEN concurs.

SCILEPPI, J.

H.J.R. Realty Corporation was organized in 1941 under the laws of the State of New York, by tenants of 128-138 Mott Street in New York City for the sole purpose of owning and managing the property and the building at that address.

The tenants involved in the corporation were Chatham Metal Products, Inc. (hereinafter referred to as Chatham), National

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