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LEFRAK v. LAMBERT

93 Misc.2d 632 (1978)

Sam Lefrak, Doing Business as Mandalay Leasing Co., Appellant, v. Kenneth O. Lambert et al., Respondents.

Supreme Court, Appellate Term, Second Department.

January 13, 1978

Attorney(s) appearing for the Case

Epstein & Cresci, P. C. (Carl Cresci of counsel), for appellant. Sherman & Sterling (Clarence W. Olmstead, Jr., of counsel), for respondents.

Concur: PINO, P. J., RINALDI and BUSCHMANN, JJ.

MEMORANDUM.

Judgment of the court below (89 Misc.2d 197) unanimously modified by increasing the amount of plaintiff's recovery to $4,222 plus attorney's fees in the sum of $750; as so modified, affirmed, without costs.

Defendant herein vacated his apartment before the expiration of his term and plaintiff relet it some months thereafter. It is our opinion that under the circumstances...

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