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YORKVILLE REST. v. PERLBINDER

34 A.D.2d 14 (1970)

Yorkville Restaurant, Inc., Respondent, v. Julius Perlbinder et al., Doing Business under the Name of 185 E. 85th St. Company, Appellants, and Jermy Coffee Shops, Inc., Respondent

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

March 26, 1970.

Attorney(s) appearing for the Case

John J. Boyle of counsel (John C. O'Malley with him on the brief; O'Malley & Boyle, attorneys), for appellants.

Joseph G. Gubman of counsel (Robert I. Edlitz with him on the brief; Gubman & Sitomer, attorneys), for Yorkville Restaurant, Inc., respondent. Gerald D. Broder for Jermy Coffee Shops, Inc., respondent.

CAPOZZOLI, STEUER and TILZER, JJ., concur with STEVENS, P. J.; McGIVERN, J., dissents in opinion.

STEVENS, P. J.

This is an appeal from an interim judgment which granted certain relief to plaintiff and severed issues as to damages raised by the complaint and the cross claim of defendant Jermy Coffee Shops, Inc. (Jermy).

May 5, 1953, plaintiff as tenant executed a lease with Raymond Ziplow and Jack Resnick, landlords, for the store and basement premises of No. 166 East 86th Street adjacent on the east...

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