HOWARD STORES v. ROBISON RAYON


64 Misc.2d 913 (1970)

Howard Stores Corporation, Respondent, v. Robison Rayon Co., Inc., Appellant.

Supreme Court, Appellate Term, First Department.

September 25, 1970


Attorney(s) appearing for the Case

Cleary, Gottlieb, Steen & Hamilton (Joseph Chase and Stephen L. Cohen of counsel), for appellant. Paul, Weiss, Goldberg, Rifkind, Wharton & Garrison (George P. Felleman of counsel), for respondent.

STREIT and QUINN, JJ., concur in Per Curiam opinion; separate memorandum by QUINN, J.; MARKOWITZ, J., dissents in memorandum.


Per Curiam.

The defendant has appealed from a lower court judgment rendered in favor of the plaintiff in the sum of $3,935.64, upon an order granting plaintiff's motion for summary judgment and denying the defendant's cross motion to dismiss the complaint.

The action was instituted by the plaintiff landlord for breach of two leases. On December 1, 1967, the defendant, the tenant under certain leases of real...

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