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PALMER v. 309 E 87 ST CO.

112 Misc.2d 667 (1982)

Lenore M. Palmer, Plaintiff, v. 309 East 87th Street Co., Defendant.

Supreme Court, Special Term, New York County.

February 3, 1982

Attorney(s) appearing for the Case

Crane & Hawkins, Gould & Davis (Mark L. Carson-Selman of counsel), for plaintiff. Leon Brickman for defendant.

NORMAN C. RYP, J.

Sublease or release? Is landlord's alleged "waiting list" a reasonable refusal of a sublease under section 226-b of the Real Property Law and a consistent apartment lease in a co-operative conversion building? An issue of conflicting impression under the rule of reason or a "red herring"?

A. ISSUE

Does section 226-b of the Real Property Law, as amended (right to sublease or assign) plus a parallel lease clause, after...

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