FISHEL v. BARONELLI, LTD.


119 Misc.2d 625 (1983)

Fay Fishel, as Executrix of Bernard Fishel, Deceased, Petitioner, v. Baronelli, Ltd., Respondent.

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

June 9, 1983


Attorney(s) appearing for the Case

Pomeranz & Pomeranz for petitioner. Charles H. Small for respondent.


DAVID B. SAXE, J.

The issue that I must resolve in this landlord-tenant proceeding is as follows: May a landlord maintain a summary proceeding where the tenant never actually took occupancy of the leased premises, but received an executed copy of the lease as well as a set of keys?

The essential facts are as follows: On December 22, 1982, Sion Setton, vice-president of respondent tenant Baronelli, Ltd., entered into a five-year commercial lease...

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