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BANK OF N. Y. v. HIRSCHFELD

45 A.D.2d 391 (1974)

Bank of New York, Albany (Formerly Known as The Mechanics and Farmers' Bank of Albany), Respondent, v. Abraham Hirschfeld et al., Defendants, and New York State Teachers' Retirement System, Appellant

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

July 25, 1974.

Attorney(s) appearing for the Case

Trombly & Trombly (Francis H. Trombly of counsel), for appellant.

McNamee, Lochner, Titus & Williams, P. C. (Victor A. Lord of counsel), for respondent.

STALEY, JR., and MAIN, JJ., concur with SWEENEY, J.; HERLIHY, P. J., and REYNOLDS, J., dissent and vote to modify in an opinion by HERLIHY, P. J.

SWEENEY, J.

Two issues are raised on this appeal: (1) whether appellant, as present owner of demised premises, is bound by a covenant in a lease between the previous owner and plaintiff to provide plaintiff with 10 free parking spaces in a garage adjoining the demised premises, which garage is owned solely by the previous owner, and (2) if appellant is bound by the covenant, whether it may be compelled to specifically...

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