Brecher v. 11 West 42nd Street, Inc.

Full title: ISADORE BRECHER, Appellant, v. 11 WEST 42ND STREET, INC., Respondent

Court: Supreme Court, Appellate Term, First Department

Date published: Dec 21, 1928

133 Misc. 423 (N.Y. App. Term 1928)

232 N.Y.S. 142

Opinion

December 21, 1928.

Appeal from the City Court of the City of New York, New York county.

Boskey, Schiller, Marvin Serling [ Saul B. Miners of counsel], for the appellant.

Bond Babson [ Wm. Arthur Babson of counsel], for the respondent.

PER CURIAM.

Wall v. Hess ( 232 N.Y. 472) and subsequent authorities relied upon by respondent are inapplicable. A landlord is not privileged to end the tenant's term by the exercise of an option and at the same time charge him with obligations consistent only with the continuance of the term.

Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.

All concur; present, BIJUR, LEVY and CRAIN, JJ.