KEMWOL REALTY CORP. v. DEGENSHEIN


23 Misc.2d 967 (1960)

Kemwol Realty Corp., Appellant, v. Shirley Degenshein et al., Respondents.

Supreme Court, Appellate Term, Second Department.

January 29, 1960.


Attorney(s) appearing for the Case

Alexander W. Axelrod for appellant. Jacob F. Gottesman for respondents.

Concur — HART, DI GIOVANNA and BROWN, JJ.


Per Curiam.

Under the circumstances of this case, the plaintiff was not estopped from holding the defendants individually liable to perform the covenants of the lease. No assumption agreement was ever executed by the corporation as provided for in the lease. The mere acceptance of rent paid on behalf of the corporation did not effect a substitution of the corporation as the tenant in the place of the defendants so as to relieve the latter from their covenant...

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