MCKOWNVILLE FIRE v. BRYN MAWR BK.


54 A.D.2d 371 (1976)

In the Matter of McKownville Fire District, Respondent, v. Bryn Mawr Bookshop, Appellant

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

November 24, 1976


Attorney(s) appearing for the Case

John P. MacArthur for appellant.

Louis Carnevale for respondent.

GREENBLOTT, J. P., and KANE, J., concur with HERLIHY, J.; MAIN, J., concurs in part and dissents in part in an opinion.


HERLIHY, J.

The petitioner commenced a special proceeding in Supreme Court to recover possession of its real property and rents due and owing. The record establishes that the appellant entered into possession of the property pursuant to an oral agreement with the petitioner whereby the appellant was to pay petitioner the sum of $100 per month. The appellant's contention upon this appeal that the trial court erred...

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