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  5. 34 A.D.2d 94 (1970)
 

COMM., ECUMENICAL MISSION v. GRAY, LTD.

34 A.D.2d 94 (1970)

Commission On Ecumenical Mission and Relations of the United Presbyterian Church in the United States of America, Respondent, v. Roger Gray, Ltd., et al., Appellants

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

April 9, 1970.

Attorney(s) appearing for the Case

Gerald Moss of counsel (Harlow & Moss, attorneys), for appellants.

Edward N. Costikyan of counsel (Joseph J. Ackell with him on the brief; Harlow & Moss, attorneys; Paul, Weiss, Goldberg, Rifkind, Wharton & Garrison, attorneys), for Roger Gray, Ltd., appellant.

Mark D. Geraghty of counsel (Adrian A. Colley with him on the brief; Burke & Burke, attorneys), for respondent.

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

STEUER, J.

Plaintiff is the owner of the premises located at 554 Madison Avenue, having acquired the same by testamentary gift from Vartan H. Jinishian, the sole stockholder of Madison Realty Co. (Madison), the former owner, on May 17, 1966. The corporate defendant Roger Gray Ltd. (Gray) is a tenant of store premises in the building, pursuant to a lease dated March 30, 1964, and expiring January 31, 1971. Defendant...

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