SPENCER OPERATING CORP. v. SPENCER HOTEL


17 Misc.2d 887 (1959)

Spencer Operating Corp., Appellant, v. Spencer Hotel Corporation, Tenant-Respondent, and Spencer Enterprises, Inc., Undertenant-Respondent.

Supreme Court, Appellate Term, First Department.

April 30, 1959.


Attorney(s) appearing for the Case

Pfeiffer & Crames (Alexander Pfeiffer and Boris S. Berkovitch of counsel), for appellant.

Sidney S. Bobbe for tenant-respondent.

Joseph S. Scheinberg for undertenant-respondent.

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


Per Curiam.

The order appealed from is a "final order" and appealable as of right (Civ. Prac. Act, § 1430; N. Y. City Mun. Ct. Code, § 154, subd. 2).

The question presented is whether the instrument in suit constituted as assignment pro tanto or a sublease. The basic rule is clear that if the original lessee has parted with his entire interest, he has made an assignment. The intention of the parties to effect a lease will prevail, nevertheless...

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