Westchester Apartments, Inc. v. Keroes

CAYTON, Associate Judge.

In 1932, Westchester Apartments Inc., leased an apartment to Dr. William Keroes. The lease expired in December, 1933 and he continued in possession without a new lease, until he died in August, 1941. His widow, who is appellee here, continued as tenant under an informal verbal agreement and continued to pay the stipulated monthly rental. (For convenience the parties will be referred to as landlord and tenant).

In September, 1941, having obtained verbal permission to sublease the apartment in its furnished state, tenant entered into a lease at a higher rental with one…