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DRESS SHIRT SALES v. MARTINIQUE ASSO.

12 N.Y.2d 339 (1963)

Dress Shirt Sales, Inc., et al., Appellants, v. Hotel Martinique Associates et al., Respondents, et al., Defendant.

Court of Appeals of the State of New York.

Decided March 28, 1963.

Attorney(s) appearing for the Case

Conrad L. Teitell and Morris J. Fellner for appellants.

Philip Gelfand, Leo E. Panzirer and Milton Sanders for respondents.

Judges DYE, FULD, VAN VOORHIS and SCILEPPI concur with Judge BURKE; Chief Judge DESMOND concurs in a separate opinion in which Judge FOSTER concurs.

BURKE, J.

Plaintiffs were the lessees of space in defendants' hotel under a lease prohibiting subletting without defendant lessors' written consent. The lease, executed in 1955, was for a term of 10 years with a rental of $10,000 per year for the first five and $12,000 per year for the last five. In 1959 plaintiffs vacated but continued to pay rent. Then and at all times thereafter defendants assured plaintiffs...

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