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UNITED MUT. INS. v. ICBC CORP.

64 A.D.2d 506 (1978)

United Mutual Life Insurance Company, Appellant, v. Icbc Corporation et al., Respondents

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

November 21, 1978

Attorney(s) appearing for the Case

Nicholas M. Cherot of counsel (Jones Michael & Cherot, P. C., attorneys), for appellant.

Geoffrey Wright of counsel (John L. Edmonds, attorney), for respondents.

BIRNS, J. P., FEIN and LANE, JJ., concur.

SILVERMAN, J.

Plaintiff appeals from an order of Special Term granting defendants' motion to dismiss the complaint pursuant to CPLR 3211 (subd [a], par 7) for failure to state a cause of action.

The issue on this appeal is whether, on the facts as alleged in the complaint and the proper application of section 232-c of the Real Property Law, a month-to-month tenancy was created between plaintiff landlord...

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