21 West Forty-sixth Street Corp. v. Latherizer Corp.

I am asked to render a decision upon a state of facts agreed to by both parties.

It is conceded that the tenant was not in physical possession of the property at the commencement of these proceedings, December 2, 1931, having vacated the premises on October 29, 1931. At the time of vacating the premises the tenant téndered the keys of the premises to the landlord who refused to accept them.

The question presented for my decision is whether these proceedings will lie in view of the fact that the tenant was physically out of possession when these proceedings were commenced and makes no claim of…