41ST ST. BLDG. CORP. v. ROTHENBERG


17 Misc.2d 620 (1959)

41st Street Building Corporation, Appellant, v. George Rothenberg et al., Respondents.

Supreme Court, Appellate Term, First Department.

January 8, 1959.


Attorney(s) appearing for the Case

Finkelstein, Benton & Soll (Seymour Hozore of counsel), for appellant.

George Rothenberg, respondent in person, and for others, respondents.

Jacob I. Polstein, respondent in person.

Herbert M. Fern, respondent in person.

Concur — HECHT, J. P., STEUER and TILZER, JJ.


Per Curiam.

The facts here indicate an intention on the part of the landlord and the tenant that tenant's right to sublet and to replace any tenancy which existed at the time of the execution of the lease should be an integral part of the contract.

In order to obtain this right, necessary to the use to which tenant put the space in question with full knowledge and consent of the landlord, tenant agreed to...

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