BANK OF N. Y. v. HIRSCHFELD


45 A.D.2d 670 (1974)

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

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

November 14, 1974.


Attorney(s) appearing for the Case

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

Lee, LeForestier, Frost & Hanft (Jerome K. Frost of counsel), respondents.

SWEENEY, KANE and MAIN, JJ., concur with STALEY, JR., J.; HERLIHY, P. J., dissents and votes to reverse in an opinion.


STALEY, JR., J.

The facts herein are undisputed, and are set forth at length in Bank of New York, Albany v. Hirschfeld (45 A.D.2d 391). On that appeal this court affirmed an order of Special Term which ordered Hirschfeld and 112 State Street Operating Co. to specifically perform under the terms of the garage lease, and defendant, New York State Teachers' Retirement System [hereinafter Teachers], to perform under...

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