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ELKAR REALTY CORP. v. KAMADA

11 Misc.2d 872 (1958)

Elkar Realty Corp., Appellant, v. Mitsuye T. Kamada, Doing Business as Tsuruya Restaurant, Respondent.

Supreme Court, Appellate Term, First Department.

February 6, 1958.

Attorney(s) appearing for the Case

Milton J. Freundlich and Joseph R. Apfel for appellant.

Jack Newton Lerner for respondent.

HECHT, J. P., AURELIO and TILZER, JJ., concur.

Per Curiam.

Pursuant to the lease the tenant took the premises "as is". Paragraph 15 thereof clearly negates a representation or guarantee that the use described therein "is lawful or permissible under the certificate of occupancy". There is no implied covenant that the premises are fit for the use for which they were rented and "In the absence of an express warranty of the condition of the premises the tenant takes them as they are, assuming all the risks...

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