Legal Opinion
Small v. De Bruyn
City of New York Municipal Court
Decided November 18, 1946PublishedCited by 4 opinions
1Opinion of the CourtLoreto, J.
The petition alleges an election to terminate the lease pursuant to its terms by written notice served upon tenant’s default in paying" the rent ivhen due.
The landlords claim that thereby the relationship of landlord and tenant was terminated and, therefore, they are warranted in bringing this summary proceeding.
No demand for the payment of rent has been made. The landlords stand on the provision of the lease which reads: “It is expressly understood and agreed that in case the demised premises shall be deserted or vacated, or if default be made in the payment of the rent or any part thereof…
2Cases cited5 opinions
- Burnee Corp. v. Uneeda Pure Orange Drink Co.Appellate Terms of the Supreme Court of New York · 1928
- Zinsser v. HerrmanAppellate Terms of the Supreme Court of New York · 1898
- Paul Pleating & Stitching Co. v. LevineCity of New York Municipal Court · 1930
- Palmer & Singer Manufacturing Co. v. Barney Estate Co.Appellate Division of the Supreme Court of the State of New York · 1912
- United States Trust Co. v. SchaefferAppellate Terms of the Supreme Court of New York · 1945
3Cited by4 opinions
- Schwartz v. Weiss-NewellCivil Court of the City of New York · 1976
- Remedco Corp. v. Bryn Mawr Hotel Corp.Civil Court of the City of New York · 1965
- Jamaica Builders Supply Corp. v. ButtelmanCity of New York Municipal Court · 1960
- Smith v. EllerbeNew York Supreme Court · 1988