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MOBIL OIL CORP. v. RUBENFELD

40 N.Y.2d 936 (1976)

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

Court of Appeals of the State of New York.

Decided November 16, 1976.

Attorney(s) appearing for the Case

Morton Povman for appellant.

Frederick J. Martin for respondent.

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz, John M. Desiderio, Robert Kruger and Terrence M. Kelly of counsel), amicus curiae.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE concur; Judge FUCHSBERG dissents and votes to reverse in a separate opinion.

MEMORANDUM.

The order of the Appellate Division should be affirmed on the opinion of Mr. Justice JAMES D. HOPKINS at the Appellate Division with an addendum concerning the public policy of the State to which he adverts.

The public policy which it is asserted would be served were we to grant the relief sought by the dealer-tenant has subsequently been recognized and given effect in chapter 265 of the Laws of 1975...

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