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HENRY MODELL & CO., INC. v. BAER MARKS & UPHAM

178 A.D.2d 139 (1991)

Henry Modell and Co., Inc., Appellant, v. Baer Marks & Upham et al., Respondents

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

December 3, 1991

The present appeal is merely another attempt by plaintiff to circumvent prior determinations of both this court and the New York Court of Appeals specifically finding that it has no possessory interest in leasehold premises located at 198 Broadway, and therefore is not entitled to recover use and occupancy (Minister of Refm. Prot. Dutch Church of City of N. Y. v 198 Broadway, 88 A.D.2d 511

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