Fifth Avenue Estates, Inc. v. Scull

By lease dated April 17, 1962, tenant leased Apartment 5A, on the fifth floor of 1001 Fifth Avenue, for the period beginning May 1, 1962 and ending September 30,1965. The rent is substantial. The parties agree that the apartment was to consist of 11 rooms. The question tried was whether a room the parties called Room N is part of the demise.

Room X is a servant’s room adjacent to a service hallway outside the apartment. The evidence is clear that throughout *1053the period when it was occupied by the prior tenant, Mr. 0. Boy Chalk, apparently a substantial stockholder of the landlord, the room was…