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GETTNER v. GETTY OIL CO.

226 A.D.2d 502 (1996)

641 N.Y.S.2d 73

Victor S. Gettner et al., Plaintiffs, v. Getty Oil Company et al., Defendants and Third-Party Plaintiffs-Respondents. Harris Kalish et al., Third-Party Defendants-Appellants

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

April 15, 1996

Ordered that the order is affirmed, with costs.

During a period of approximately thirteen years from 1979 to 1992, the appellants operated a gasoline service station in New York County pursuant to various sublease and franchise agreements with the respondents. In December 1991, the respondent Getty Petroleum Corporation commenced a summary proceeding in Civil Court to evict the appellants for nonpayment of rent. On February...

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