Ocean Fifth Realty Corp. v. Stern

This is a holdover proceeding brought by the landlord to recover possession of a repair shop and gas station. The case was tried by the court and a jury. Prior to May, 1951, one Riccardi was in possession of the premises. He had no lease. He spoke to one Taub, the authorized representative of the landlord, and informed him that he was giving up the station and desired to sell the personal property contained thereon. He wanted to know whether it was all right for him to do so, Taub said he would work something out with the new tenant, if there was a new tenant. During the first week of May,…