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KRASNER v. TRANSCON.

70 A.D.2d 312 (1979)

I. Robert Krasner, Appellant, v. Transcontinental Equities, Inc., et al., Defendants, and Ben-Ness Cameras & Electronics Center, Inc., Respondent

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

October 18, 1979

Attorney(s) appearing for the Case

Paul Kleinberg for appellant.

David D. Wallerstein for respondent.

BIRNS, J. P., and SULLIVAN, J., concur with FEIN, J.; MARKEWICH and LUPIANO, JJ., concur in separate opinions.

FEIN, J.

Plaintiff appeals from an order which denied his motion for summary judgment against defendant Ben-Ness Cameras & Electronics Center, Inc. (Ben-Ness) to recover the sum of $12,000 and granted summary judgment to Ben-Ness on its cross motion, dismissing the complaint as to said defendant.

The action concerns possession of store premises at 57-59 East 59th St., Manhattan, in the Delmonico Hotel...

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