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MEERBAUM v. CREPES D'ASIE

85 Misc.2d 345 (1975)

Meyer Meerbaum, as President of Hatov Realty Corp., Appellant, v. Crepes D'Asie, Inc., et al., Respondents.

Supreme Court, Appellate Term, Second Department.

December 5, 1975

Attorney(s) appearing for the Case

Stanley Zuckerman for appellant. Charnin, Weisman & Trabucchi (Sylvia E. Kelman of counsel), for respondents.

Concur: HOGAN, P.J., PITTONI and FARLEY, JJ.

MEMORANDUM.

Final judgment in favor of tenant unanimously reversed, without costs, and case remanded to the court below for a trial de novo.

Untenantability of a portion of the demised premises as opposed to physical expulsion therefrom does not give rise to a partial actual eviction (Barash v Pennsylvania Term. Real Estate Corp., 26 N.Y.2d 77; Self Serv. Furniture...

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