BEISWENGER v. CERASOLI


14 Misc.2d 1071 (1958)

Gertrude S. Beiswenger, Appellant, v. Roger D. Cerasoli, Jr., Respondent, and Fordham Columbians, Inc., Undertenant.

Supreme Court, Appellate Term, First Department.

October 30, 1958.


Attorney(s) appearing for the Case

Abraham J. Yasgour for appellant.

Lyman & Tenenbaum (Morris Lyman of counsel), for respondent.

Concur — HOFSTADTER, J. P., AURELIO and TILZER, JJ.


Per Curiam.

The new lease to Bronx Tyros Social & Athletic Club, Inc., by landlord appellant with the consent of tenant respondent for the balance of the unexpired term of the lease did not destroy the relationship of landlord and tenant between landlord appellant and tenant respondent, since the intent of the parties as manifested in the letter of December 21, 1955 was to maintain that relationship for the unexpired term of the lease, notwithstanding the...

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