Kimmelman v. Tenenbaum

In this action for a declaratory judgment and for incidental relief by way of an injunction, the material facts are not in dispute. On October 1,1942, plaintiff, as tenant, entered into possession of an apartment in defendant’s premises at 4400 Bay 44th Street, this borough, under a written lease which was to expire on September 30, 1943. Prior to its termination, defendant submitted for plaintiff’s approval a renewal lease which did not embody the same favorable terms and conditions contained in the original agreement and the latter refused to accept the same. Upon the expiration of the…