One University Place v. Egan

Full title: ONE UNIVERSITY PLACE, INC., Appellant, v. RACHEL H. EGAN, Respondent

Court: Supreme Court, Appellate Term, First Department

Date published: Nov 21, 1956

6 Misc. 2d 212 (N.Y. App. Term 1956)

158 N.Y.S.2d 823

Opinion

November 21, 1956

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, JOHN J. MANGAN, J.

Milton Copland and Leslie Lester for appellant.

Rachel H. Egan, respondent in person.

Per Curiam.

A condition against underletting is not a single condition, so that a waiver of one breach in the term will not excuse the second. A waiver of the covenant, or of a breach of the covenant, against subletting does not sanction subsequent subleases, and a provision in the lease to such effect is valid and binding. So, too, the landlord's consent to a subletting does not sanction subsequent subleases ( Fischer v. Ginzburg, 191 App. Div. 418, 422; 1 Rasch on Landlord and Tenant, § 115; 2 Taylor on Landlord and Tenant [9th ed.], § 501; 51 C.J.S., Landlord and Tenant, § 34, p. 549).

The final order and judgment so far as appealed from should be reversed, with $30 costs, and counterclaim dismissed, with costs.

EDER, HECHT and TILZER, JJ., concur.

Final order and judgment so far as appealed from reversed, etc.