Beiswenger v. Cerasoli

The new lease to Bronx Tyros Social & Athletic Club, Inc., by landlord appellant with the consent of tenant respondent for the balance of the unexpired term of the lease did not destroy the relationship of landlord and tenant between landlord appellant and tenant respondent, since the intent of the parties as manifested in the letter of December 21, 1955 was to maintain that relationship for the unexpired term of the lease, notwithstanding the execution of the new lease to Bronx Tyros Social & Athletic Club, Inc. (See Brill v. Friedhoff, 184 App. Div. 673, affd. 229 N. Y. 547.)

The final order…