Majority
p. 799Heyman S. Tunick, as Trustee in Bankruptcy of the Estate of 54 Sagamore Road, Inc., Respondent, v. “ James ” S. Marvin, the First Name “ James ” Being Fictitious, as Defendant’s First Name Is Unknown to Plaintiff, Appellant.
Judgment for plaintiff in an action to recover rent based upon a renewal clause contained in a written lease unanimously affirmed, with costs. No opinion. Present — Young, Hagarty, Davis, Johnston and Adel, JJ.