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BARBRO REALTY v. NEWBURGER

53 A.D.2d 34 (1976)

Barbro Realty Co., Plaintiff, v. Robert L. Newburger et al., as General Partners of Newburger, Loeb & Co., Defendants

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

June 29, 1976

Attorney(s) appearing for the Case

David Benjamin of counsel (Kenneth M. Block and Hilton M. Weiner with him on the brief; Demov, Morris, Levin & Shein, attorneys), for plaintiff.

Osmond K. Fraenkel for William A. McGovern and others, defendants.

MARKEWICH, J. P., MURPHY, SILVERMAN, CAPOZZOLI and LANE, JJ., concur.

Per Curiam.

This controversy was submitted to the court for resolution on an agreed statement of facts pursuant to CPLR 3222.

In December, 1964, the predecessor of the plaintiff Barbro Realty, as landlord, entered into a written lease agreement with Newburger, Loeb & Co., as tenant, for premises located at 66 Beaver Street in New York City. The 1964 lease was for occupancy of the 10th and 14th floors. In...

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