Legal Opinion

Howard Stores Corp. v. Robison Rayon Co.

Civil Court of the City of New York

Decided January 27, 1970Published

1Opinion of the CourtRichard W. Wallach, J.

This action for rent, in which both parties move for summary judgment, requires determination of the residual .rights and liabilities of a tenant after assignment of its lease.

Defendant, the erstwhile tenant of commercial space in New York City, executed assignments with plaintiff’s consent of two written leases with plaintiff to the third-party assignees on Dec. 1, 1967. The balance of the lease term assigned in both instances expires on May 31, 1970. The assignments were absolute and unconditional in form, and reserved no right in defendant-assignor to cure any default of the assignees, or…

2Cases cited7 opinions

  1. Thomas v. . ScuttNew York Court of Appeals · 1891
  2. Gillette Bros. v. Aristocrat Restaurant, Inc.New York Court of Appeals · 1924
  3. South Bay Center, Inc. v. Butler, Herrick & MarshallNew York Supreme Court · 1964
  4. 220-228 Brook Avenue Corp. v. ZaftAppellate Terms of the Supreme Court of New York · 1934
  5. Verschleiser v. NewmanAppellate Terms of the Supreme Court of New York · 1912

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