Civil Court of the City of New York July 9, 1982 (Madison Lexington Venture v. Diet Gourmet Shoppe of New York, Inc.)

OPINION OF THE COURT

David B. Saxe, J.

The issue to be determined on this motion to restore the tenant to possession of certain commercial premises is whether after the tenant had stipulated to a final judgment of possession, the issuance of a warrant and a stay of its execution until a date certain, the tenant may thereafter by agreement with the landlord, effect a legal surrender of the