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40TH ASSOCS. v. FENNER

42 A.D.2d 956 (1973)

40th Associates, Respondent, v. Edward Fenner, as Executor of Alan M. Fenner, Deceased, Appellant, and John Doe, Respondent

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

October 30, 1973

Appellant shall recover of landlord-petitioner-respondent $60 costs and disbursements of this appeal. The deceased had an office lease in petitioner's building. After his decease, his executor continued to pay rent until April, 1971. At the end of April, the landlord proceeded in Civil Court for nonpayment of rent mistakenly naming the attorney for the estate as the executor. A warrant was executed pursuant to a default judgment...

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