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DE CILLIS v. E. G. & B., INC.

55 A.D.2d 1031 (1977)

Nicholas De Cillis, Plaintiff, v. E. G. & B., Inc., et al., Respondents, and ITT Consumer Services Corporation, Successor to National Parking Systems, Inc., Appellant

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

January 21, 1977

Order unanimously affirmed, with costs.

Memorandum:

In this surplus money proceeding, defendant ITT Consumer Services Corporation (lessee) appeals from an order confirming a referee's report which found that it was not entitled to share in the surplus moneys. By written agreement, dated January 27, 1969, E. G. & B., Inc. (lessor), leased a parking lot to lessee's predecessor for a period of 10 years to commence on February 1, 1969 or as soon thereafter...

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