Barbro Realty Co. v. Newburger

This controversy was submitted to the court for resolution on an agreed statement of facts pursuant to CPLR 3222.

*35In December, 1964, the predecessor of the plaintiff Barbro Realty, as landlord, entered into a written lease agreement with Newburger, Loeb & Co., as tenant, for premises located at 66 Beaver Street in New York City. The 1964 lease was for occupancy of the 10th and 14th floors. In February, 1965, an additional lease agreement was entered into for the 12th floor. In June, 1969, the 10th floor lease agreement was modified.

In February, 1971, the partnership tenant assigned its…