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23 WEST ST. CORP. v. GIBBS & COX

282 A.D. 362 (1953)

23 West Street Corporation, Plaintiff, v. Gibbs & Cox, Inc., Defendant

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

July 7, 1953.

Attorney(s) appearing for the Case

Leonard P. Moore of counsel (Edward R. Neaher with him on the brief; Chadbourne, Parke, Whiteside, Wolff & Brophy, attorneys), for plaintiff.

Walter Gordon Merritt of counsel (H. George Carroll and Thomas P. Dwyer with him on the brief; McLanahan, Merritt & Ingraham, attorneys), for defendant.

CALLAHAN, BREITEL and BERGAN, JJ., concur; COHN, J., dissents and votes to allow interest from the date of the decision in the Court of Appeals, January 17, 1952, to February 29, 1952, amounting to $327.13.

DORE, J. P.

Plaintiff is landlord and owner in fee of a thirty-three-floor office building in the borough of Manhattan; defendant is and for some years prior to June, 1949, was a statutory tenant in the building occupying space, the emergency rent for which was $242,773.91 per annum. In this submission of controversy between the parties on an agreed statement of facts under sections 546 and 548 of the Civil Practice...

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