Judgment unanimously modified on the law and facts and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff commenced this declaratory judgment action against his landlord and its agent (defendants), who asserted counterclaims based upon plaintiff's alleged breach of the lease. Following a nonjury trial, Supreme Court made extensive findings of fact and issued a judgment, from which defendants appeal.
In 1969 plaintiff sold a shopping...
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