This section contains the nature of the case and procedural background.

Adrian (P) rented store premises from Rabinowitz (D). At the time the lease was executed, the premises were still in the possession of the prior lessee. This lessee did not vacate the premises upon D's notice to vacate. D instituted dispossess proceedings which resulted in a judgment of removal of the other tenant. The tenant vacated, and P took possession about three weeks after the lease began. P sued, seeking damages for the delay in possession, and a finding that he was not liable for rent for the period of the lease during which he was not in possession. The lower court found in P's favor and awarded him damages reflecting his loss in the resale of merchandise. D appeals.

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