Legal Opinion
41st Street Building Corp. v. Rothenberg
City of New York Municipal Court
Decided April 22, 1958PublishedCited by 1 opinion
1Opinion of the CourtGeorge Starke, J.
The landlord’s claim of subletting without its consent is the basis for this holdover proceeding.
The facts have been stipulated. In 1943 the landlord leased a five-room law suite at 570 Seventh Avenue, New York City, to Rothenberg, Polstein & Lippman, for a term expiring in 1948. The lease forbade subletting without the landlord’s consent. However, as is so customary, particularly among attorneys, the tenants immediately sublet various portions of their suite. Not only did the landlord recognize the prevailing custom and acquiesced, but listed the names of the subtenants on the lobby…
2Cases cited6 opinions
- Woollard v. Schaffer Stores Co.New York Court of Appeals · 1936
- Bisbano v. 42-20 Restaurant Corp.Appellate Division of the Supreme Court of the State of New York · 1952
- Fischel v. S. W. Steel Management Co.Appellate Division of the Supreme Court of the State of New York · 1955
- Fifth Avenue Realty Corp. v. LynchCity of New York Municipal Court · 1957
- Orkstein v. 1440 Associates, Inc.New York Supreme Court · 1958
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Madison Avenue & 92nd Street Corp. v. HickeyCity of New York Municipal Court · 1959