WAGNELL REALTY, INC. v. GREAT NORTHERN SYNDICATE, INC.


44 A.D.2d 816 (1974)

Wagnell Realty, Inc., Respondent, v. Great Northern Syndicate, Inc., et al., Respondents, and Laja, Inc., Appellant

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

May 23, 1974


Nunez, J. P., dissents in the following memorandum:

I would reverse and deny summary judgment. In this declaratory judgment action involving the rights of a landlord and a tenant in possession of commercial property, the court, apparently sua sponte summarily directed appellant tenant to remove from respondent's property. It is conceded that no notice to vacate or to terminate the sublease had been given to appellant. No opportunity was given to...

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