Where the instrument from the lessee transfers to the undertenant the identical term which the transferor had received from its lessor and the transferor does not retain a reversion to himself, the instrument, although designated as a sublease, is an assignment (Herzig v. Blumenkrohn, 122 App. Div. 756; Gillette Bros. v. Aristocrat Restaurant, 239 N.Y. 87).
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