Brecher v. 11 West 42nd Street, Inc.

Court: Appellate Terms of the Supreme Court of New York
Date filed: 1928-12-21
Citations: 133 Misc. 423, 232 N.Y.S. 142, 1928 N.Y. Misc. LEXIS 1179
Copy Citations
1 Citing Case
Lead Opinion
Per Curiam.

Wall v. Hess (232 N. Y. 472) and subsequent authorities relied upon by respondent are inapplicable. A landlord

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is not privileged to end the tenant’s term by the exercise of an option and at the same time charge him with obligations consistent only with the continuance of the term.

Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.

All concur; present, Bijur, Levy and Crain, JJ.