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UNITED STATES TRUST CO. OF NEW YORK v. GILL & DUFFUS, INC.

201 A.D.2d 334 (1994)

607 N.Y.S.2d 317

United States Trust Company of New York, Respondent, v. Gill & Duffus, Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

February 10, 1994

At issue on these appeals is whether plaintiff US Trust accepted a surrender of defendant Gill's sublease, by operation of law, so as to extinguish its obligation to pay rent owing for the balance of the term. Contrary to defendant's arguments, the entire history of this action and the extended negotiations undertaken by the parties, who were represented by counsel, indicate that there was never any intent by the landlord to accept...

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