Appellate Division of the Supreme Court of the State of New York November 1, 1948 (Dunn v. Delcolle)

lead-opinion

*914Memorandum by the Court. The question presented on this appeal by defendants relates to the existence of a triable issue concerning whether plaintiff landlord resumed possession of the demised premises and rerented them on his own account, or whether he did so for the account of the defendant tenants pursuant to a clause in the lease.