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DYE v. LEWIS

40 A.D.2d 751 (1972)

Marvin R. Dye et al., as Trustees for Bondholders under a Certain Instrument of Trust with Standard Rochester Brewing Co., Inc., Respondents, v. Aaron Lewis et al., Defendants, and Hess Oil and Chemical Corporation, Appellant

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

October 26, 1972

Order unanimously modified in accordance with memorandum and, as modified, affirmed, with costs to appellant.

Memorandum:

The defendant Hess Oil & Chemical Corporation is an assignee of a lease executed by Myron Lewis, Ephraim Lewis, Aaron Lewis, doing business as 440 Enterprises and Thriftway Oil & Gas Company, Inc., for certain premises which were subject to the mortgage in favor of bondholders for which plaintiffs are trustees and which they seek...

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