Lang v. Resiberg

This is a proceeding to declare (1) of no force and effect a lease entered into by the parties herein because of mutual repudiation thereof, and (2) that defendant has no estate in the demised premises.

The facts are: Under a written lease dated January 19,1943, the then owner leased to defendant premises" 5002-12th Avenue, Brooklyn, N. Y., to be occupied as a drugstore for the period April 1, 1943,. to March 31, 1945, at the yearly rental of $780. On December 4, 1944, plaintiff, who had recently become the owner of the premises, and defendant agreed in writing to surrender their respective…