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LEWIS v. CLOTHES SHACK

67 Misc.2d 621 (1971)

Anita Lewis, Respondent, v. Clothes Shack, Inc., Appellant.

Supreme Court, Appellate Term, First Department.

May 12, 1971

Attorney(s) appearing for the Case

D'Amico & Albin (Lee M. Albin of counsel), for appellant. Korkus & Korkus (Ethel F. Beaver of counsel), for respondent.

Concur — LUPIANO, J. P., STREIT and GOLD, JJ.

Per Curiam.

This case is distinguishable from First Nat. Stores v. Yellowstone Shopping Center (21 N.Y.2d 630). While the Yellowstone lease provided that landlord could, after the expiration of 10 days after notice to cure default, serve a notice declaring the term ended, the lease in this case provides that landlord may, after the expiration of five days after notice...

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