Summary
In Gross v. Libby Properties (298 N.Y. 514, affg. 273 App. Div. 851), the question was expressly left open, though at Special Term the view was expressed that the right to sublet is not inconsistent with the rent laws and is, therefore, projected into the statutory tenancy.
Summary of this case from Ornstein v. 1440 AssociatesOpinion
Argued May 20, 1948
Decided June 11, 1948
Appeal from the Supreme Court, Appellate Division, First Department, NATHAN, J.
Ralph E. Freidus for appellant.
Samuel Luloff for respondent.
Judgment affirmed, with costs. We find ample support for the Appellate Division's opinion declining to pronounce a declaratory judgment. (Rules Civ. Prac., rule 212.) Consequently, we do not reach the merits of any question sought to be raised by the parties.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and FULD, JJ.