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TAI ON LUCK CORP. v. CIROTA

35 A.D.2d 380 (1970)

Tai On Luck Corp., Appellant, v. Assunta Cirota, Doing Business as 70 Bayard Street Pharmacy, et al., Respondents

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

December 17, 1970.

Attorney(s) appearing for the Case

Max Steinberg of counsel (Norman C. Harlowe, attorney), for appellant.

William I. Cohen (Benjamin Cohen with him on the brief), for Assunta Cirota, doing business as 70 Bayard Street Pharmacy, respondent.

CAPOZZOLI, J. P., and TILZER, J., concur with NUNEZ, J.; McNALLY, J., dissents in opinion in which MARKEWICH, J., concurs.

NUNEZ, J.

Petitioner landlord appeals, by permission of the Appellate Term, from a determination entered in that court on May 22, 1970, which by a divided court, reversed a judgment of the Civil Court of the City of New York, New York County (awarding the landlord possession of premises in a holdover proceeding) and directed a new trial.

The pertinent facts in this litigation are sufficiently stated in...

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