Order unanimously reversed, with costs, and petition granted.
Memorandum:
On August 21, 1969 Bernard Birnbaum, as landlord, and Yankee Whaler, Inc., as tenant, entered into a lease for the premises of the Yankee Whaler Restaurant. Under this relationship tenant was in the habit of paying its rent late, and the landlord apparently countenanced this practice. After Bernard Birnbaum's death, a new lease was executed on November 17, 1977 between Janice Birnbaum...
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