Legal Opinion

1165 Fifth Avenue Corp. v. Alger

Appellate Division of the Supreme Court of the State of New York

Decided April 10, 1941PublishedCited by 3 opinions

1Opinion of the CourtDore, J.

On this submission of controversy pursuant to sections 546 to 548 of the Civil Practice Act, we are asked to determine whether defendant Alger, tenant of a co-operative apartment owned by plaintiff, has the right to assign his lease and his stock in plaintiff corporation to a trustee for his grandchild and so avoid any further personal liability under the lease, when the trust estate has no assets other than the lease itself and the tenant’s shares of plaintiff’s stock.

Plaintiff is owner of 1165 Fifth Avenue, New York, N. Y., an apartment house containing fifty apartments conducted on a…

2Cases cited3 opinions

  1. William C. Atwater & Co. v. Panama RailroadNew York Court of Appeals · 1927
  2. Manson v. . CurtisNew York Court of Appeals · 1918
  3. Penthouse Properties, Inc. v. 1158 Fifth Avenue, Inc.Appellate Division of the Supreme Court of the State of New York · 1939

3Cited by3 opinions

  1. Hicks v. BigelowDistrict of Columbia Court of Appeals · 1947
  2. Stockton v. LucasTemporary Emergency Court of Appeals · 1973
  3. 1165 Fifth Avenue Corp. v. AlgerNew York Court of Appeals · 1942

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