Bokhara Realty Corp. v. Barton's Bonbonniere, Inc.

Appellate Terms of the Supreme Court of New York

Bokhara Realty Corp. v. Barton's Bonbonniere, Inc.

17 Misc. 2d 606, 184 N.Y.S.2d 29, 1959 N.Y. Misc. LEXIS 4414

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 29, 1959

StatusPublished

This text of 17 Misc. 2d 606 (Bokhara Realty Corp. v. Barton's Bonbonniere, Inc.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bokhara Realty Corp. v. Barton's Bonbonniere, Inc., 17 Misc. 2d 606, 184 N.Y.S.2d 29, 1959 N.Y. Misc. LEXIS 4414 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

Since the undertenants received by transfer the precise term which each of its predecessors had acquired from its transferor without the retention by the latter of a reversionary interest, there was at least a presumption of an assignment and not an undisputable sublease. Moreover the record reveals sufficient evidence from which the jury could determine that landlord had waived the conceded flat restriction against assignments of the original lease,

Consequently it was error for the court below to deprive undertenant of the right to have the jury pass upon questions of fact, by discharging the jury contrary to the request by undertenant that the issues be submitted to the jury, and to grant a final order in favor of landlord.

The final order should be reversed and a new trial ordered, with $30 costs to appellants to abide the event.

Concur — Hecht, J. P., Aurelio and Tilzer, JJ,

Pinal order reversed, etc.

Free access — add to your briefcase to read the full text and ask questions with AI