SEABROOK v. COMMUTER HOUS. CO.


79 Misc.2d 168 (1973)

Tawn Seabrook, Respondent, v. Commuter Housing Co., Inc., Appellant.

Supreme Court, Appellate Term, Second Department.

September 21, 1973


Attorney(s) appearing for the Case

Samuel Steinberg for appellant. Tawn Seabrook, respondent pro se.

Concur — GROAT, P. J., RINALDI and CONE, JJ.


MEMORANDUM.

Judgment affirmed, without costs.

In our opinion, the lessor failed to satisfy its implied promise to deliver possession of the premises on the date fixed by the lease for the commencement of the term, or within a reasonable time thereafter (cf. Real Property Law, § 223-a; Rein v. Metrik Co., 200 Misc. 231; Hartwig v. 6465 Realty Co.,

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