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2814 FOOD CORP. v. HUB BAR BLDG. CORP.

35 A.D.2d 277 (1970)

2814 Food Corp., Respondent, v. Hub Bar Building Corporation, Appellant

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

November 24, 1970.

Attorney(s) appearing for the Case

David I. Goldblatt of counsel (Mary Ellen Perri with him on the brief; Proskauer Rose Goetz & Mendelsohn, attorneys), for appellant.

Herbert J. Bliss of counsel (Egan & Bliss, attorneys), for respondent.

CAPOZZOLI, J. P., McGIVERN, MARKEWICH, McNALLY and TILZER, JJ., concur.

Per Curiam.

In June, 1963 the plaintiff as tenant and the defendant as landlord entered into a lease for premises located at Broadway and West 109th Street in Manhattan, for an initial term of 10 years. Upon the execution of the lease the tenant paid to the landlord the total sum of $37,350 representing security in the amount of $34,600 and one month's rent of $2,750.

At the time of the execution of the lease...

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