Feinsot v. Burstein
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiffs from an order of the City Court of the city of Few York denying the plaintiffs’ motion for judgment on the pleadings, and granting the defendant’s motion for judgment on the pleadings.
1Opinion of the CourtLehman, J.
The complaint alleges the lease of premises in a building, the deposit of $2,000 under a clause of the lease which not only provides that this deposit shall be security for the faithful performance of all the covenants of the lease and shall be retained as liquidated damages in case of a breach, but also that, in case the landlord shall bring summary proceedings, he shall nevertheless have the right to retain the said sum of $2,000' as liquidated damages. The complaint alleges further that, in February, the plaintiffs paid the landlord $625 on account, leaving $325 due, for the February rent,…
2Cases cited9 opinions
- Little v. . BanksNew York Court of Appeals · 1881
- Michaels v. . FishelNew York Court of Appeals · 1902
- Chaude v. . ShepardNew York Court of Appeals · 1890
- Lampman v. . CochranNew York Court of Appeals · 1857
- Longobardi v. YulianoAppellate Terms of the Supreme Court of New York · 1900
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3Cited by8 opinions
- Fleisher v. FriorAppellate Terms of the Supreme Court of New York · 1916
- Hochman v. BolltAppellate Terms of the Supreme Court of New York · 1915
- Steiger v. FeldmanAppellate Terms of the Supreme Court of New York · 1916
- Feinsot v. BursteinAppellate Terms of the Supreme Court of New York · 1913
- Felton v. NurnbergNorth Dakota Supreme Court · 1920
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