Opinion
January 15, 1948.
Appeal from Albany County Court.
Present — Hill, P.J., Heffernan, Brewster, Foster and Deyo, JJ.
Furthermore the landlord-respondent was not a party to the proposal, nor was it a party to nor did it subsequently ratify any agreement to extend the terms of the lease or to make other space in the building available. The trial court correctly excluded the evidence relative to such an alleged agreement and properly granted the order of eviction as a matter of law. Judgment and order unanimously affirmed, with costs.