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Brecher v. 11 West 42nd Street, Inc.

133 Misc. 423 Court Supreme Court, Appellate Term, First Department, Decision date 1928-12-21 English

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p. 423
Isadore Brecher, Appellant, v. 11 West 42nd Street, Inc., Respondent.[1]
Supreme Court, Appellate Term, First Department,
December 21, 1928.
Boskey, Schiller, Marvin & Serling [Saul B. Miners of counsel], for the appellant.
Bond & Babson [Wm. Arthur Babson of counsel], for the respondent.

Wall v. Hess ( 232 N. Y. 472 ) and subsequent authorities relied upon by respondent are inapplicable. A landlord

p. 424
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.

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