RITTO v. GOLDBERG


27 N.Y.2d 887 (1970)

Virginia Ritto et al., Respondents, v. Molly Goldberg, as Executrix of Lewis Goldberg, Doing Business as 775 Realty Co., Appellant, and Washing Machine Clinic et al., Appellants-Respondents.

Court of Appeals of the State of New York.

Decided November 19, 1970.


Attorney(s) appearing for the Case

William F. McNulty for appellant.

I. Sidney Worthman for appellants-respondents.

Herbert W. North for respondents.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BRIETEL, JASEN and GIBSON concur in Per Curiam opinion.


Per Curiam.

By leasing a specific room in the premises to defendants, doing business as H. B. H. Metered Machine Co., to conduct an automatic washing machine business, the landlord surrendered the right of occupancy of the demised premises to the tenants and reserved no control over the instruments used by those tenants in their business.

The lease, in terms, gave the lessees "exclusive use of the aforementioned...

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