Per Curiam.
In the absence of a judicial determination that the prime lease was terminated, or absent proof that the sublessor had abandoned the premises, it was improper to dismiss the sublessor's nonpayment proceedings against the subtenants. (Bruder v. Geisler, 47 Misc. 370 [App. Term]; Bove v. Coppola, 45 Misc. 636; 34 N. Y. Jur., Landlord and Tenant, § 269.)
Upon a new trial there should be a fuller development of the proof with...
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