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41ST ST. BLDG. CORP. v. ROTHENBERG

12 Misc.2d 111 (1958)

41st Street Building Corporation, Landlord, v. George Rothenberg et al., Tenants, and Abraham L. Hyman et al., Undertenants.

Municipal Court of the City of New York, Borough of Manhattan.

April 22, 1958.

Attorney(s) appearing for the Case

Seymour Hozore for landlord.

Jacob I. Polstein, tenant in person.

George Rothenberg, tenant in person, and for Abraham L. Hyman and another, undertenants.

Herbert M. Fern, undertenant in person.

GEORGE STARKE, J.

The landlord's claim of subletting without its consent is the basis for this holdover proceeding.

The facts have been stipulated. In 1943 the landlord leased a five-room law suite at 570 Seventh Avenue, New York City, to Rothenberg, Polstein & Lippman, for a term expiring in 1948. The lease forbade subletting without the landlord's consent. However, as is so customary, particularly among attorneys, the tenants immediately...

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