Fischel v. S. W. Steel Management Co.

I agree with the conclusion of the court but would prefer to put my concurrence upon other and broader grounds. I would not consider the lease clause upon which defendant relies — the typical clause that the tenant will quit and surrender the premises in good order and condition upon the expiration of the lease — standing alone as the required agreement in writing to terminate occupancy on a date certain under subdivision (g) of section 8 of the Commercial Bent Law (L. 1945, ch. 3, as amd.).

City Bank Farmers Trust Co. v. Rival Shoe Co. (198 Misc. 1002, affd. 279 App. Div. 1059) was a case…