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WALLACE v. 600 PARTNERS CO.

205 A.D.2d 202 (1994)

In the Matter of William F. Wallace et al., as Trustees, under a Declaration of Trust Dated December 30, 1955, Respondents, v. 600 Partners Co., Appellant

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

November 10, 1994

Attorney(s) appearing for the Case

Philip H. Schaeffer of counsel (John S. Willems and Cyrus Benson, III with him on the brief; White & Case, attorneys), for appellant.

Richard C. Seltzer of counsel (Naomi B. Waltman with him on the brief; Kaye, Scholer, Fierman, Hays & Handler, attorneys), for respondents.

ROSS, J., concurs with TOM, J.; ASCH, J., concurs in a separate opinion; SULLIVAN, J. P., and ELLERIN, J., dissent in a separate opinion by ELLERIN, J.

TOM, J.

Petitioners-respondents landlords William F. Wallace and Marie Powers (the Landlords) are trustees pursuant to a Declaration of Trust dated December 30, 1955 and own the fee between 57th and 58th Streets on the westerly side of Madison Avenue, New York, New York (designated as 600 Madison Avenue [the Premises]). Respondent-appellant 600 Partners Co. (Tenant) is a New York limited partnership which leased...

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