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MADISON LEX. v. DIET GOURMET

114 Misc.2d 759 (1982)

Madison Lexington Venture, Petitioner, v. Diet Gourmet Shoppe of New York, Inc., Respondent.

Civil Court of the City of New York, New York County.

July 9, 1982

Attorney(s) appearing for the Case

Abrams, Lerner, Kisseloff & Kissin (Jack Newton Lerner and Chester J. Weinstein of counsel), for petitioner. Opton, Handler, Gottlieb & Feiler (Paul M. Godlin of counsel), for respondent.

DAVID B. SAXE, J.

The issue to be determined on this motion to restore the tenant to possession of certain commercial premises is whether after the tenant had stipulated to a final judgment of possession, the issuance of a warrant and a stay of its execution until a date certain, the tenant may thereafter by agreement with the landlord, effect a legal surrender of the premises prior to the expiration of the stay. The determination of whether the earlier...

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