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CITY BANK FARMERS TRUST CO. v. SLATER, INC.

278 A.D. 366 (1951)

City Bank Farmers Trust Company, as Trustee under Two Deeds of Trust, Dated August 15, 1919, Made by William W. Astor, Respondent, v. J & J Slater, Inc., Appellant

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

June 19, 1951.

Attorney(s) appearing for the Case

Edmond B. Butler of counsel (O'Connell & Butler, attorneys), for appellant.

Elmer J. Hoare of counsel (Mitchell, Capron, Marsh, Angulo & Cooney, attorneys), for respondent.

PECK, P. J., GLENNON and COHN, JJ., concur; SHIENTAG, dissents and votes to affirm.

CALLAHAN, J.

The plaintiff as landlord sues to recover "additional rent" for store premises on Madison Avenue occupied by the defendant under a long-term lease expiring on January 31, 1969. The defendant is alleged to be in default on payment for the nine-month period commencing July 1, 1949.

The lease was executed on June 16, 1948, after extended negotiations between the tenant and the then landlord...

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