C. E. HOOPER, INC. v. PERLBERG, MONNESS, WILLIAMS & SIDEL


72 A.D.2d 687 (1979)

C. E. Hooper, Inc., Respondent, v. Perlberg, Monness, Williams & Sidel et al., Defendants, and Adrian R. Kristeller, Appellant

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

November 8, 1979


In the exercise of discretion such dismissal is granted without prejudice to an application by plaintiff at Special Term for leave to replead. Neither defendant nor the successor partnership of which he became a general partner five and one-half years after its execution ever signed the lease in question. It is uncontroverted that six months before the tenant's default in the payment of rent, defendant withdrew from the successor...

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