HALPERN v. BARGANS


46 A.D.2d 657 (1974)

Louis Halpern et al., Doing Business as Orienta Gardens. Appellants, v. Richard J. Bargans, Defendant and Third-Party Plaintiff-Respondent, et al., Third-Party Defendant

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

October 15, 1974


Judgment modified, on the law and the facts, by increasing the award of $338.10 to $2,041.94 and increasing the total recovery (including costs and disbursements) accordingly. As so modified, judgment affirmed, with costs to appellants against respondent.

The trial court's conclusion that appellants' December, 1970 nonpayment dispossess proceeding terminated the tenant's obligation to pay rent is negated by the provision in the lease that the rent obligation shall...

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