Property · MBE-tested

Ratoneyck Corporation, Respondent, v. Frank S. Somma, Appellant

273 A.D. 838·New York Supreme Court, Appellate Division·1948·NY

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Opinion

Ratoneyck Corporation, Respondent, v. Frank S. Somma, Appellant. [MAJORITY] Appeal from an order of the Albany County Court affirming the judgment of eviction made by the Albany City Court. The tenant-appellant never accepted the proposal embodied in the letter of May 17, 1945. 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. Present — Hill, P. J., Heffernan, Brewster, Foster and Deyo, JJ.