CONNAUGHT TOWER CORP. v. NAGAR


59 A.D.3d 218 (2009)

873 N.Y.S.2d 553

CONNAUGHT TOWER CORP., Respondent, v. SHIMON NAGAR et al., Appellants.

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

Decided February 10, 2009.


Defendant tenants' vacating of the premises by delivery of the keys to one "David," and David's purported written acceptance of the keys on behalf of plaintiff landlord, could not operate as a surrender of the premises, where the lease specified that the delivery of keys to any agent or employee of plaintiff could not operate as a termination of the lease or surrender of the premises. Upon review of the record, including the parties' correspondence, we find that there was...

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