Cammarata v. Fuller

Petition dismissed upon the authority of Williams v. Alt (170 N. Y. S. 506, affd. 186 App. Div. 235, affd. 226 N. Y. 283); Frazier v. Cropsey (124 Misc. 367); Stengel v. Morehead (194 Misc. 1027). The case of Greif Realty Corp. v. Moroff (82 N. Y. S. 2d 396) relied upon by the attorney for the landlord, is distinguishable. In the case at bar, the tenant in possession sublet a portion of the apartment to the occupant. In the Greif case, the tenant continued to occupy the premises after expiration of the lease, then vacated the *62premises and sold his furniture to the occupant who thereupon took…