47 W. 14TH ST. CORP. v. NEW YORK WIGS & PLUS, INC.

10080-651251/11, 10081.

106 A.D.3d 527 (2013)

965 N.Y.S.2d 454

2013 NY Slip Op 3557

47 WEST 14TH ST. CORP., Respondent, v. NEW YORK WIGS & PLUS, INC., Appellant.

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

Decided May 16, 2013.


The parties' lease required that any modification or discharge be in a writing signed by the party to be charged. The parties' surrender agreement was not signed by the landlord and therefore had no binding effect. Further, the surrender agreement did not become binding upon the tenant's mailing it to the landlord, as the "mailbox rule" for formation of contracts by dispatch of acceptance (see Buchbinder Tunick & Co. v Manhattan Natl. Life Ins. Co.,

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