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  5. 41 N.Y.2d 937 (1977)
 

NAT'L COMMERCIAL BANK & TRUST CO. v. RUBIN & CO., INC.

41 N.Y.2d 937 (1977)

National Commercial Bank and Trust Company, Appellant, v. Richard I. Rubin and Co., Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided March 24, 1977.

Attorney(s) appearing for the Case

Francis H. Trombly for appellant.

William P. Willig for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed for the reasons stated in the memorandum in that court. Although the new construction and addition of 1972-1973 concededly became part of the Mohawk Mall, no admissible proof is tendered in this record that the new construction and addition in question were part of the plan for the "Landlord's Complex" at the time of the execution of the lease in November...

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