BOKHARA REALTY CORP. v. BARTON'S BONBONNIERE, INC.


17 Misc.2d 606 (1959)

Bokhara Realty Corporation, Respondent, v. Barton's Bonbonniere, Inc., Tenant, et al., Undertenants, and Besson Cohen et al., Appellants.

Supreme Court, Appellate Term, First Department.

January 29, 1959.


Attorney(s) appearing for the Case

Leon D. Miller and Bernard Novick for appellants.

Delatour & Miller (Frank A. Barrera of counsel), for respondent.

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


Per Curiam.

Since the undertenants received by transfer the precise term which each of its predecessors had acquired from its transferor without the retention by the latter of a reversionary interest, there was at least a presumption of an assignment and not an undisputable sublease. Moreover the record reveals sufficient evidence from which the jury could determine that landlord had waived the conceded flat restriction...

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