Legal Opinion

Schall v. Schwartz & Co.

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

Decided May 11, 1917PublishedCited by 1 opinion

Reargument of an appeal by the defendant, Schwartz & Co., Inc., from part of a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 22d day of March, 1916, upon the verdict of a jury rendered by direction of the court.

1Opinion of the Court

Thomas, J.:

When a lease was made, $1,000 was deposited “as security for the faithful performance of the terms, covenants and conditions ” in the lease, with the agreement that it should be kept by the landlord as liquidated damages upon the happening of either of two events: (1) if the tenant surrendered the premises, or (2) if the tenant “ disposes thereof prior to the expiration of this lease.” The tenant was dispossessed for non-performance. By the strict reading of the lease, the landlord was not entitled to keep the money, and this court so decided upon an appeal from a judgment for the…

2Cases cited1 opinion

  1. Schall v. Schwartz & Co.Appellate Division of the Supreme Court of the State of New York · 1917

3Cited by1 opinion

  1. Feigen v. Green Harbour Beach Club, Inc.New York Supreme Court · 1960

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