FIFTH AVE. ESTATES v. SCULL


42 Misc.2d 1052 (1964)

Fifth Avenue Estates, Inc., Appellant, v. Robert C. Scull, Respondent.

Supreme Court, Appellate Term, First Department.

April 3, 1964


Attorney(s) appearing for the Case

Lewis, Herrick & Whitebook (Maurice R. Whitebook of counsel), for appellant. Jesse Friedman for respondent.

Concur — HECHT and CAPPOZZOLI, JJ.


SAMUEL H. HOFSTADTER, J.

By lease dated April 17, 1962, tenant leased Apartment 5A, on the fifth floor of 1001 Fifth Avenue, for the period beginning May 1, 1962 and ending September 30, 1965. The rent is substantial. The parties agree that the apartment was to consist of 11 rooms. The question tried was whether a room the parties called Room X is part of the demise.

Room X is a servant's room adjacent to a service hallway outside the apartment...

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