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WHITMIER v. BUFFALO STEEL

104 A.D.2d 277 (1984)

Whitmier & Ferris Co., Inc., Appellant-Respondent, v. Buffalo Structural Steel Corp., Respondent-Appellant, and National Advertising Co., a Subsidiary of 3-M, Respondent

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

December 14, 1984

Attorney(s) appearing for the Case

Jaeckle, Fleischmann & Mugel (Henry W. Killeen, III, of counsel), for appellant-respondent.

Raichle, Banning, Weiss & Halpern (R. William Stephens of counsel), for respondent-appellant.

Runals, Broderick & Shoemaker (John E. Runals and Richard J. Hogan, Jr., of counsel), for respondent.

DILLON, P. J., HANCOCK, JR., O'DONNELL and SCHNEPP, JJ., concur; MOULE, J., dissents and votes to modify the judgment in an opinion.

Per Curiam.

Under a written agreement, defendant Buffalo Structural Steel Corp. (BSS) leased to plaintiff for a rental of $600 per year a small rectangular parcel of land for the purpose of erecting and maintaining an outdoor advertising sign. In March, 1979, defendant BSS leased two comparable parcels for outdoor advertising to defendant National Advertising Co. (National), each lease providing for rental of $1,500...

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