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ST. NICHOLAS SPORTS CTR. v. LINCOLN SQ. CTR.

276 A.D. 521 (1950)

St. Nicholas Sports Center, Inc., Appellant, v. Lincoln Square Center, Inc., et al., Respondents

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

March 14, 1950.

Attorney(s) appearing for the Case

Milton D. Goldman of counsel (Emanuel Lewis Greene with him on the brief; Field, Goldman & Greene, attorneys), for appellant.

Gilbert Goldstein of counsel (Goldstein & Goldstein, attorneys), for respondents.

PECK, P. J., GLENNON, CALLAHAN and VAN VOORHIS, JJ., concur; SHIENTAG, J., dissents and votes to affirm.

Per Curiam.

The landlord in this proceeding is the lessee of an entire building under a ten-year lease terminating September 14, 1953. It sublet a portion of the premises to the tenant herein for a term which ended on January 14, 1949, and it now seeks to recover possession of the tenant's space for its own use. The proceeding is brought under paragraph 1 of subdivision (h) of section 8 of the Business Rent Law (L...

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