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MOBIL OIL CORP. v. RUBENFELD

48 A.D.2d 428 (1975)

Mobil Oil Corporation, Appellant, v. Paul Rubenfeld, Respondent

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

July 7, 1975

Attorney(s) appearing for the Case

Bleakley, Platt, Schmidt & Fritz (Frederick J. Martin and Michael J. Trainor of counsel), for petitioner.

Anderman, Povman & Warren (Morton Povman of counsel), for respondent.

Louis J. Lefkowitz, Attorney-General (Terrence M. Kelly, Samuel A. Hirshowitz and Charles A. La Torella, Jr., of counsel), amicus curiae.

RABIN, Acting P. J., MARTUSCELLO and COHALAN, JJ., concur with HOPKINS, J.; MUNDER, J., dissents and votes to affirm the order of the Appellate Term, with an opinion.

HOPKINS, J.

The question before us is whether a tenant under a lease of commercial property — a gasoline service station — may defeat the landlord, seeking possession of the premises at the end of the term, by asserting a retaliatory defense that the landlord failed to renew the lease because the tenant resisted the landlord's actions in enforcing tie-in and price-fixing agreements in violation...

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