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151 W ASSOC v. PRINTSIPLES

92 A.D.2d 76 (1983)

151 West Associates, Respondent-Appellant, v. Printsiples Fabric Corp., Respondent, and Futterman-Schlang Industries, Ltd., Appellant-Respondent

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

March 3, 1983

Attorney(s) appearing for the Case

Steven S. Fass for respondent-appellant.

Robert W. Corcoran of counsel (Speno, Goldberg, Moore, Margules & Corcoran, P. C., attorneys), for appellant-respondent.

Michael B. Goldsmith of counsel (Silverberg, Stonehill & Goldsmith, P. C., attorneys), for respondent.

KUPFERMAN, J. P., and ALEXANDER, J., concur with MILONAS, J.; SULLIVAN and KASSAL, JJ., dissent in an opinion by SULLIVAN, J.

MILONAS, J.

On September 9, 1975, defendant-respondent Printsiples Fabric Corp. entered into a lease with plaintiff-appellant 151 West Associates for a term of 10 years ending on September 30, 1985. Pursuant to this agreement, Printsiples rented the 16th floor at 151 West 40th Street in Manhattan. On August 1, 1978, Printsiples, with the permission of the landlord, sublet these premises to defendant-respondent...

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