Fechter v. Schonger
New York Supreme Court
Appeal by the defendants from a judgment in favor of the plaintiff rendered by the Municipal Court of the city of New York, thirteenth district, borough of Manhattan, upon a trial had before the court, without a jury,
1Opinion of the CourtGiegerich, J.
The plaintiff by this action seeks to hold the assignees of a lease liable for rent falling due after their *649removal from the demised premises. The assignment to the defendants does not contain any agreement or covenant on their part to pay the rent or to perform the covenants of the lease; and, therefore, they are liable for the rent only for the period they were in possession. Dassori v. Zarek, 71 App. Div. 538, and the cases there cited. Since the rent was paid up to the time the defendants vacated the premises, the justice erred in giving judgment in plaintiff’s favor.
The judgment should,…
2Cases cited1 opinion
- Dassori v. ZarekAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by1 opinion
- Seventy-eighth Street & Broadway Co. v. Purssell Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1915