MORGAN & BRO. STOR. CO. v. BALIN


47 A.D.2d 85 (1975)

Morgan and Brother Manhattan Storage Company, Inc., Appellant, v. Herbert M. Balin et al., as Copartners, Practicing Law Under the Name of Wydler, Balin, Pares & Soloway, et al., Respondents

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

March 6, 1975.


Attorney(s) appearing for the Case

Lawrence P. McGauley of counsel (Ronald S. Herzog with him on the brief; Jackson, Nash, Brophy, Barringer & Brooks, attorneys), for appellant.

Samuel Kirschenbaum of counsel (Dreyer & Traub and Wydler, Balin, Pares & Soloway, attorneys), for respondents.

STEVENS, J. P., and MARKEWICH, J., concur with LANE, J.; CAPOZZOLI and NUNEZ, JJ., dissent in an opinion by CAPOZZOLI, J.


LANE, J.

Morgan and Brother Manhattan Storage Company, Inc. (Morgan Storage) and H & W Enterprises Co. (H & W) entered into an agreement for the sale of certain real property in New York City. Morgan Storage was purchasing the building for the specific purpose of storing records and archives.

The parties anticipated the possibility that the existing certificate...

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