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FORD COYLE PROPERTIES, INC. v. 3029 AVENUE V REALTY, LLC

63 A.D.3d 782 (2009)

881 N.Y.S.2d 146

FORD COYLE PROPERTIES, INC., Respondent, v. 3029 AVENUE V REALTY, LLC, et al., Appellants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided June 9, 2009.

Ordered that the order is affirmed, with costs.

"A surrender by operation of law occurs when the parties to a lease do some act so inconsistent with the landlord-tenant relationship that it indicates their intent to deem the lease terminated" (Riverside Research Inst. v KMGA, Inc., 68 N.Y.2d 689, 691-692 [1986] [citations omitted]). A surrender by operation of law is inferred from...

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