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105 FRANKLIN ST. CORP. v. SERATOFF

284 A.D. 262 (1954)

105 Franklin Street Corp., Appellant, v. Samuel Seratoff et al., Respondents

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

June 8, 1954.

Attorney(s) appearing for the Case

Nathan Schwartz of counsel (William S. Klinger, attorney), for appellant.

Irving Lederman for respondents.

COHN, J. P., and BOTEIN, J., concur; BREITEL and BASTOW, JJ., dissent and vote to reverse and grant judgment to the plaintiff, with an assessment of damages, on the authority of Smith v. Feigin (276 App. Div. 531) and 207-17 West 25th St. Co. v. Blu-Strike Safety Razor Blade Co. (, revg. 277 App. Div. 93).

BERGAN, J.

The plaintiff is the owner of real property which had been leased to the defendants Seratoff and Sabin Metal Corp. for commercial purposes. The lease having expired in 1948, the lessees continued to occupy the demised premises as statutory tenants. On the ground that the sole stockholder of plaintiff landlord required the premises for his own use the plaintiff served a thirty-day notice on tenants...

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