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COHEN v. CARROLL

63 Misc.2d 222 (1970)

Leo D. Cohen, Doing Business as Redaco & Co., Petitioner, v. Frank Carroll, Respondent, and Palace Books, Inc., et al., Respondents-Assignees. (Action No. 1.) Leo D. Cohen, Doing Business as Redaco & Co., Petitioner, v. Frank Carroll, Respondent, and Palace Books, Inc., et al., Respondents-Assignees. (Action No. 2.)

Civil Court of the City of New York, Trial Term, New York County.

April 10, 1970

Attorney(s) appearing for the Case

Goodman & Mabel & Kirsch (Michael M. Kirsch of counsel), for petitioner. Flaum, Growman, Sassower, Rosenberg & Postel (Emanuel Growman of counsel), for respondents.

RICHARD W. WALLACH, J.

These proceedings are brought by petitioner, a sublandlord to recover possession of the retail store premises known as 224 West 42nd Street in Manhattan. Proceeding under subdivision 5 of section 711 of the Real Property Actions and Proceedings Law petitioner charges that respondents, an original undertenant and an assignee respectively, were and are using and occupying the premises for...

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