Legal Opinion
Sixth Ave. Realty Co. v. N. Zeiler & Co.
Appellate Terms of the Supreme Court of New York
Decided January 4, 1916Published
Appeal from Municipal Court, Borough of Manhattan, Ninth District. Summary proceedings by the Sixth Avenue Realty Company against N. Zeiler & Co., Incorporated, and Frank M. Weiss, the name “Frank” being fictitious, undertenant. From a judgment in favor of the undertenant, plaintiff appeals. Reversed and remanded.
1Opinion of the CourtPage, J.
The premises involved in this summary proceeding were held by N. Zeiler & Co., Incorporated, as tenant under a lease which provided that:
“If proceedings in bankruptcy shall bo instituted by or against the tenant, or the tenant shall make an assignment tor tile benefit oí creditors, it shall be lawful for the landlord to terminate this lease by three days’ notice to that effect mailed to the tenant, addressed to the demised premises, and to reenter the said premises and remove all persons and property therefrom, or to obtain possession of the premises by summary proceedings or otherwise.”
It…
2Cases cited1 opinion
- Seventy-Eighth Street & Broadway Co. v. Purssell Manufacturing Co.Appellate Terms of the Supreme Court of New York · 1915