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HANOVER BANK v. DE KOENIGSBERG

207 Misc. 1088 (1954)

Hanover Bank, Landlord, Appellant, v. Nicholas De Koenigsberg, Tenant, Respondent.

Supreme Court, Appellate Term, First Department.

December 30, 1954.

Attorney(s) appearing for the Case

Manfred Nathan for appellant.

David Haimes and Lewis Perkiss for respondent.

HAMMER and HECHT, JJ., concur in Per Curiam opinion; HOFSTADTER, J., dissents in memorandum.

Per Curiam.

By leave of the court below the landlord appeals from said order.

On the application for "extension" of the stay the tenant states that he did not receive notice of the decision from the court or the landlord's attorney; "that deponent was out of town, and when he returned on September 30, 1954 he found out that the decision had been rendered and the stay had expired"; and that on September 30th...

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