One University Place, Inc. v. Egan — 6 Misc. 2d 212

Majority

p. 212

One University Place, Inc., Appellant, v. Rachel H. Egan, Respondent.

Supreme Court, Appellate Term, First Department,

November 21, 1956.

Milton Copland and Leslie Lester for appellant.

Rachel H. Egan, respondent in person.

A condition against underletting is not a single condition, so that a waiver of one breach in the term will not excuse the second. A waiver of the covenant, or of a breach of the covenant, against subletting does not sanction subsequent subleases, and a provision in the lease to such effect is valid and binding. So, too, the landlord’s consent to a subletting does not sanction subsequent subleases (Fischer v. Ginzburg, 191 App. Div. 418 , 422; 1 Rasch on Landlord and Tenant, § 115; 2 Taylor on Landlord and Tenant [9th ed.], § 501; 51 C. J. S., Landlord and Tenant, § 34, p. 549).

The final order and judgment so far as appealed from should be reversed, with $30 costs, and counterclaim dismissed, with costs.

Eder, Hbcht and Tilzer, JJ., concur.

Final order and judgment so far as appealed from reversed, etc.