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J. P. REALTY v. PUB. SERV INS.

102 A.D.2d 68 (1984)

J. P. Realty Trust et al., Appellants, v. Public Service Mutual Insurance Company, Respondent and Third-Party Plaintiff. Travelers Insurance Company, Third-Party Defendant

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

June 5, 1984

Attorney(s) appearing for the Case

Joseph L. Forstadt of counsel (Jeffrey Boak and Barbara Ettlinger with him on the brief; Stroock & Stroock & Lavan, attorneys), for appellants and third-party defendant.

Edith T. Sullivan of counsel (Nathan Cyperstein and Bruckman Bernstone & Goldman, attorneys), for defendant-respondent.

KUPFERMAN, SANDLER, ROSS and SILVERMAN, JJ., concur; MURPHY, P. J., dissents in part in a separate opinion.

Per Curiam.

London Knitting Mills, Inc. (London), entered into a lease with plaintiff J. P. Realty Trust (Realty) on November 17, 1975. Paragraphs 1, 21, and 23 are particularly relevant and shall be set forth in their entirety:

"1. The Lessor agrees to lease and the Lessee hereby agrees to lease the entire third floor (east and west side) and one-half of the fourth floor (westerly side) of the premises known...

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