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BISBANO v. 42-20 REST. CORP.

280 A.D. 790 (1952)

John Bisbano et al., Respondents, v. 42-20 Restaurant Corp. et al., Appellants

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

June 2, 1952.

Order affirmed, with costs.

The lease contained a provision giving the tenant and its successors the right to assign the agreement without the landlords' consent. After the expiration of the lease, while it was in possession as a statutory tenant (Business Rent Law; L. 1945, ch. 314, as amd.; Stern v. Equitable Trust Co., 238 N.Y. 267), tenant assigned its rights to undertenant and put him into possession without the consent of the landlords, who thereupon...

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