Teitelbaum v. Direct Realty Co

13 N.Y.S.2d 886 (Nassau Cty. Sup. Ct. 1939)

Facts

Teitelbum (P) made a lease with Direct (D) to lease a store. Abe and Dorothy Fergang occupied the store under a lease expiring June 30, 1938. P was to take possession on July 1, 1938. The Fergangs refused to move out claiming an alleged oral agreement renewing their lease. The jury returned a verdict in favor of the Fergangs and D appealed, and verdict was reversed, and a new trial was ordered. The Fergangs defaulted and vacated in January 1939. P sued D for failure to deliver possession.