Marcus v. Brodsky

Plaintiffs’ case rests upon their contention that since the description contained in the sublease did not comprise the whole area of room 716, they continued in possession of the remainder thereof and were entitled to be continued in possession of the entire premises as statutory tenants after the expiration of their lease on January 31, 1948. But it becomes readily apparent that the plaintiffs’ position is untenable — it is not sustained in the record.

Nothing in the sublease disclosed that the plaintiffs intended to withhold for their own use any of the space. The description, in and of…