RIVER DEV. CO. v. ELLSWORTH


44 A.D.2d 902 (1974)

River Development Company, Appellant, v. Jack Ellsworth, Respondent

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

May 30, 1974


Judgment unanimously modified, on the law and facts, in accordance with memorandum, and as modified affirmed, with costs to appellant.

Memorandum:

In his petition for the removal of respondent from a certain portion of premises known as Holiday Plaza in the Rochester Holiday Inn Downtown petitioner alleges that that portion designated as area "Q" was leased by petitioner to respondent under a written lease by the terms of which it was to be used and occupied...

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