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EAGLE NEST REALTY CORP. v. SCHONE

198 Misc. 521 (1949)

Eagle Nest Realty Corporation, Landlord, Respondent, v. Sydney J. Schone, Tenant, Appellant, et al., Tenants, et al., Undertenants.

Supreme Court, Appellate Term, First Department.

November 17, 1949.

Attorney(s) appearing for the Case

L. J. Shapiro and Benjamin Harwood, Jr., for appellant.

Isaac Weinberg for respondent.

PECORA, EDER and HECHT, JJ., concur.

Per Curiam.

The statute, subdivision (k) of section 8 of chapter 314 of the Laws of 1945, as added by chapter 535 of the Laws of 1949, contemplates that the proposed lease shall be for the same unit of space demised to and occupied by the tenant in possession and shall embody the same terms and conditions except as to the term of the demise, the rental charge and that the lease shall be noncancelable. The proposed...

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