Defendants' occupancy of the premises and payment of sums equivalent to the rent stipulated in the lease is sufficient to sustain plaintiff's cause of action upon an implied agreement for use and occupancy (1 Rasch, New York Landlord and Tenant § 12:12 [3d ed 1988]), an agreement that defendants failed to rebut. The absence of privity is no bar to such a cause of action (Minister of Refm. Prot. Dutch Church v 198 Broadway,
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19 WEST 45TH ST. REALTY CO. v. DORAM ELEC. CORP.
233 A.D.2d 184 (1996)
650 N.Y.S.2d 1
19 West 45th Street Realty Co., Respondent-Appellant, v. Doram Electric Corp. et al., Appellants-Respondents
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
November 14, 1996
November 14, 1996
Appellate Division of the Supreme Court of the State of New York, First Department.
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