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MUT. LIFE INS. CO. v. TAILORED WOMAN

283 A.D. 173 (1953)

Mutual Life Insurance Company of New York, Respondent, v. Tailored Woman, Inc., Appellant

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

December 31, 1953.

Attorney(s) appearing for the Case

M. James Spitzer of counsel (Philip Feldman and Irving Fliegler with him on the brief; Reich, Spitzer & Feldman, attorneys), for appellant.

George A. Spiegelberg of counsel (Robert H. Preiskel with him on the brief; Riegelman, Strasser, Schwarz & Spiegelberg, attorneys), for respondent.

COHN, BREITEL and BASTOW, JJ., concur; DORE, J., dissents in part and votes to affirm.

PECK, P. J.

Plaintiff has recovered judgment for an amount claimed as additional rental, being a percentage of sales, under a lease of store premises. The lease under which the claim is made was of the basement and first three floors of the building known as 742 5th Avenue at the corner of 5th Avenue and 57th Street. At the time of the making of the lease in 1939, defendant operated a nearby store where it sold...

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