
    Adams-Flanigan Co., Appellant, v. Charles Kling et al., Respondents.
    
      Landlord and tenant — lease — provision that store shall be used only for purpose of saloon and sale of lager beer — waiver of right to claim termination of lease by reason of enactment of National Prohibition Act.
    
    
      Adams-Flanigan Co. v. Kling, 198 App. Div. 717, affirmed.
    (Argued May 31, 1922;
    decided July 12, 1922.)
    Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 2, 1921, which affirmed a determination of the Appellate Term affirming an order of the Municipal Court of the city of New York in summary proceedings to secure possession of real property. Plaintiff’s assignor leased certain premises to defendant Kling, the lease containing a provision that “ the store of said premises shall not be used or occupied for any other purpose than saloon and the sale of lager beer.” After the National Prohibition Act became of force the tenant assigned his lease and his assignee proceeded to alter the premises for other uses. The landlord continued to receive the rent until its assignment of its rights under said lease to the plaintiff. The Appellate Division held that the landlord prior to its assignment had waived any right it had to re-enter or to claim that the lease was terminated by operation of law.
    
      Cyrus C. Miller for appellant.
    
      Joseph Diehl Fackenthal and Hugo H. Rittebush for respondents.
   Order affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.  