MATTER OF WASSERMAN v. EWING


270 A.D.2d 427 (2000)

705 N.Y.S.2d 271

In the Matter of EVELYN WASSERMAN, Appellant, v. BRIGETTE EWING et al., Respondents. ALARIC EWING, Nonparty Respondent.

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

Decided March 20, 2000.


Ordered that the order is affirmed, with costs.

The appellant's contention that the nonparty Alaric Ewing voluntarily surrendered his lease, and therefore the Supreme Court improperly restored Ewing to possession of the subject premises, is without merit. A lease may be surrendered by express surrender or surrender by operation of law. An express surrender involves a mutual agreement between the landlord and the tenant...

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