Betty Jane Frocks, Inc. v. Adlie Realty Corp.

I am in agreement with my colleagues on all matters determined on this appeal except that of double rent for the month of February, 1954. It seems to me that a proper construction of the applicable statutes supports the award to defendant landlord of such additional rent.

Plaintiff, being in possession of commercial premises in defendant’s building under an expired lease, notified defendant by registered mail on December 21, 1953 that it would vacate by January 31, 1954. However, on January 27, 1954 it sent a second registered letter advising that it would vacate by the end of February, 1954,…