MATTER OF FENNER


49 A.D.2d 728 (1975)

In the Matter of The Estate of Alan M. Fenner, Deceased, Appellant. 40th Associates, Respondent

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

September 25, 1975


Appellant shall recover of plaintiff-respondent $60 costs and disbursements of this appeal. The appeal from the order of June 17, 1974, is unanimously dismissed, without costs and without disbursements. This was originally a suit for rent for the remainder of the term of an unexpired lease for office space entered into by an attorney who died during the term of the lease. That claim was dismissed, 40th Assoc. v Fenner (42 A.D.2d 956

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