As so modified the judgment is unanimously affirmed, with costs to the defendant. Findings of fact implicit in the verdict of the jury are affirmed.
In accordance with the express language of the pertinent provision of the lease and the prevailing authority (Meyer v. Schulte, 160 App. Div. 236, affd. 213 N.Y. 675; Baitzel v. Rhinelander, 179 App. Div. 735, 740-741) the plaintiff could not recover in this action unless as a condition precedent he proved...
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