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HYAMS v. KIT SUPPLY CORP.

251 A.D.2d 15 (1998)

673 N.Y.S.2d 653

Steven B. Hyams, as Executor of Aide Begelman, Deceased, Doing Business as 5 East 17th St. Realty Co., Plaintiff-Respondent, v. Kit Supply Corp., Doing Business as Ever Ready First Aid Medical Supply Corp., et al., Appellants

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

June 2, 1998

The letter defendants claim was a surrender agreement purports only to discontinue a summary proceeding believed to be without merit because commenced after the tenant had delivered the keys to the landlord and left the premises. It cannot be construed as an express agreement abrogating the landlord's right under the lease, and at common law, to do nothing and collect the full rent due under the lease or to relet for the tenant's...

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