805 THIRD AVENUE CO. v. ERNST & YOUNG LLP


305 A.D.2d 193 (2003)

759 N.Y.S.2d 459

805 THIRD AVENUE CO., Appellant, v. ERNST & YOUNG LLP et al., Respondents.

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

Decided May 13, 2003.


Petitioner landlord claims that respondent subtenant abandoned the premises owing respondent tenant rent. It appears that at all relevant times, the tenant was wholly owned by the subtenant and under its complete control; that petitioner's lease with the tenant permitted a subletting to the subtenant, identified by name and characterized as the "Permitted Occupant"; and that such lease also provided that "[n]either the individual executing this lease * * * nor any other person...

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