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STIER v. DON MAR OPERATING CO., INC.

33 A.D.2d 816 (1969)

Lawrence Stier, as Receiver, Respondent, v. Don Mar Operating Co., Inc., et al., Appellants. (Action No. 1.) President Hotel, Inc., et al., Plaintiffs, v. Fidelity and Casualty Company of New York, Defendant. (Action No. 2.)

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

December 1, 1969

GREENBLOTT, J.

Although the notice of appeal indicates otherwise, it is clear that appellants appeal from only so much of the order as denied their cross motion to dismiss. Appellant, President Hotel, Inc., the owner in fee of a hotel subject to a mortgage held by the Sullivan County National Bank of Liberty, leased the property to appellant Don Mar Operating Co., Inc., on April 15, 1966 for a period terminating October 15, 1966. In May, 1966 the mortgagee...

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