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WILEN v. HARRIDGE HOUSE

94 A.D.2d 123 (1983)

Herb Wilen et al., Appellants, v. Harridge House Associates, Respondent

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

June 7, 1983

Attorney(s) appearing for the Case

Joseph Gaier of counsel (Larry Sutton with him on the brief; Joseph Gaier, P. C., attorneys), for appellants.

Stephen M. Jackel of counsel (Norman Gross with him on the brief; Hofheimer Gartlir Gottlieb & Gross, attorneys), for respondent.

CARRO, J. P., ASCH, BLOOM and KASSAL, JJ., concur.

FEIN, J.

Plaintiffs Herb Wilen and Herb Wilen Studio, Inc., and defendant landlord executed a three-year lease in 1972 wherein plaintiffs were described as "tenant" for an apartment to be used for dwelling purposes only. The lease was signed by both plaintiffs. All checks in payment of the rent were executed and delivered by the corporate plaintiff. Plaintiffs contend, and it is undisputed on this record, that...

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