Appellate Division of the Supreme Court of New York, 1955

A & A Co. v. Shaw

A & A Co. v. Shaw
Appellate Division of the Supreme Court of New York · Decided March 29, 1955
285 A.D. 946; 139 N.Y.S.2d 903; 1955 N.Y. App. Div. LEXIS 6243
A & A Co. v. Shaw

Opinion of the Court

Determination, so far as appealed from, affirmed, with costs and disbursements to the respondent. Present — Cohn, J. P., Callahan, Breitel, Bastow and Botein, JJ.; Breitel, J., dissents and votes to modify on the authority of Barrow Realty Gorp. V. Village Brewery Restaurant (272 App. Div. 262) and on the ground that there is no basis for distinction between residential statutory tenants as compared with business statutory tenants, or between the statutes applicable to them.

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