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KAUFMAN v. AM. ELECTROFAX

102 A.D.2d 140 (1984)

Eytan Kaufman, Respondent, v. American Electrofax Corp., Appellant Eytan Kaufman, Respondent, v. American Electrofax Corp., Appellant

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

June 7, 1984

Attorney(s) appearing for the Case

Arthur W. Baily (Loren Baily with him on the brief), for appellant.

Jan Ira Gellis of counsel (Gellis & Melinger, attorneys), for respondent.

Leonard Koerner of counsel (Kenneth E. Demario and Lisa S. J. Yee with him on the brief; Frederick A.O. Schwarz, Jr., Corporation Counsel, attorney), for New York City Loft Board, amicus curiae.

ASCH, J. P., BLOOM and ALEXANDER, JJ., concur.

FEIN, J.

The tenant-corporation (American) entered into leases dated November 8, 1976 with 36 West 15th St. Co., as landlord, for five-year terms commencing January 1, 1977 and terminating December 31, 1981. One lease covered the 3rd floor of the premises and the other the 12th floor. Each lease provided that the tenant is to "use and occupy demised premises for sale of duplicating machines, supplies &...

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