ALMARINE REALTY CORP. v. STERN


203 Misc. 190 (1952)

Almarine Realty Corp., Landlord, Respondent, v. Martin Stern, Tenant, Appellant, and Lawrence J. Howell, Under-tenant, Appellant.

Supreme Court, Appellate Term, First Department.

December 11, 1952.


Attorney(s) appearing for the Case

Louis Niden and Saul Pulver for appellants.

Joseph L. Lefkowitz for respondent.

HAMMER, HOFSTADTER and EDER, JJ., concur.


Per Curiam.

The petition is jurisdictionally defective for failure to allege the existence of a contractual right to terminate the tenancy prior to the expiration date fixed in the lease (Blum v. Lewis, 192 Misc. 949). Furthermore, the exclusion of Tenant's Exhibit C for Identification was error. That exhibit contains a written promise by the then owner of the property not to object to a subletting of the apartment to a person of reputable standing....

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