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BARASH v. PA. TERM. REAL ESTATE CORP.

26 N.Y.2d 77 (1970)

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

Court of Appeals of the State of New York.

Decided January 14, 1970.

Attorney(s) appearing for the Case

Max Freund and Joseph Zuckerman for appellant.

William Rigler and Arthur Goodstein for respondent.

Harold J. Treanor and William F. Treanor for Real Estate Board of New York, Inc., amicus curiae.

Judges BURKE, SCILEPPI, BERGAN, JASEN and GIBSON concur with Judge BREITEL; Chief Judge FULD dissents in part and votes to affirm so much of the order appealed from as sustains the second cause of action, in a memorandum.

BREITEL, J.

Defendant landlord appeals from an affirmed order denying its motion to dismiss tenant's complaint for legal insufficiency (CPLR 3211, subd. [a], par. 7). The allegations for this purpose are accepted as true (Cohn v. Lionel Corp., 21 N.Y.2d 559, 562).

The first cause of action, alleging a partial actual eviction, is to relieve tenant from payment...

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