Berlin v. Yachnin

Final order unanimously reversed upon the law, with thirty dollars costs to appellant, and final order directed in favor of the landlord.

The lease was of the entire upper floor. It made no mention of any appurtenances. This would be immaterial if the hallway and stairs in question were the only means of access to it. In that case the right to use them would be implied as a way of necessity. Here, however, another means of access to the leased premises was provided. This, by the terms of the lease, was to be through a doorway to be cut by the tenant in the wall connecting the demised premises…