EQUIT TOWER v. EL PASO GAS CO


134 Misc.2d 23 (1986)

Equitable Tower Associates, Appellant, v. El Paso Natural Gas Company, Respondent, et al., Respondent.

Supreme Court, Appellate Term, First Department.

November 17, 1986


Attorney(s) appearing for the Case

Morton L. Portnoy for appellant. Mudge Rose Guthrie Alexander & Ferdon (Harold G. Levinson, Robert E. Peduzzi and Robert S. Pierce of counsel), for respondent.

SANDIFER, J. P., PARNESS and OSTRAU, JJ., concur.


Per Curiam.

Order entered November 6, 1985 is reversed, with $10 costs, the petition is reinstated and final judgment of possession is awarded in favor of the landlord in the amount of $46,340.17.

In this nonpayment proceeding to recover the subject commercial premises, tenant's defense is that the 10-year lease between the parties, which commenced on April 17, 1980, was terminated sometime between September 30,...

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