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  5. 49 A.D.2d 824 (1975)
 

GEN. INDUS., INC. v. JOE NORBAN, INC.

49 A.D.2d 824 (1975)

General Industries, Inc., Appellant, v. Joe Norban, Inc., et al., Respondents, et al., Defendants

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

October 7, 1975

The record establishes that there are triable issues of fact precluding summary judgment with respect to the second cause of action. More specifically, it cannot be said as a matter of law that the agreement dated July 8, 1971 (referred to as an agreement of lease) constituted a sale of the assets of El Morocco International, particularly in view of the provision in the "lease" permitting Club El Morocco Inc. to terminate the lease...

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