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800 UNION ST. CORP. v. BOOKBEN REALTY CORP.

278 A.D. 708 (1951)

800 Union Street Corp., Appellant-Respondent, v. Bookben Realty Corp., Respondent-Appellant. (Supreme Ct., Kings Co.) Bookben Realty Corp., Landlord, v. 800 Union St. Corp. et al., Tenants. (Municipal Ct. of City of New York, Borough of Brooklyn, 6th Dist.)

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

March 19, 1951.

Judgment modified on the law and the facts by striking out the second, fifth, and sixth decretal paragraphs, and, as so modified, the judgment, insofar as appealed from, is unanimously affirmed, with costs to respondent-appellant.

Defendant's motion to reinstate the defense of the three-month period of limitation, upon which the court reserved decision, is granted. Plaintiff is barred from attacking the arbitration in this...

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