Legal Opinion

Von der Horst v. Wolinsky

City of New York Municipal Court

Decided May 26, 1930PublishedCited by 6 opinions

1Opinion of the CourtPrince, J.

This is an action in form for rent under a written lease. The amount claimed is $1,000.

The defendant, tenant, admitting liability for one month’s rent, $300, asserts that the lease was terminated by the plaintiff, landlord, pursuant to its terms, and that thereby the defendant became entitled to the return of the $1,000 security, less the rent due, for which a counterclaim is asserted.

The facts have been stipulated in writing. Only questions of law are presented. Involved is an interpretation of clauses of a lease, which because they give to the landlord a choice of remedies upon the tenant’s…

2Cases cited16 opinions

  1. McCready v. . LindenbornNew York Court of Appeals · 1902
  2. Kottler v. New York Bargain House, Inc.New York Court of Appeals · 1926
  3. Miller v. . LeviNew York Court of Appeals · 1871
  4. Judson v. FieldingAppellate Division of the Supreme Court of the State of New York · 1929
  5. Burnee Corp. v. Uneeda Pure Orange Drink Co.Appellate Terms of the Supreme Court of New York · 1928

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3Cited by6 opinions

  1. Burlingame v. MeyerCourt of Appeals for the Second Circuit · 1930
  2. O'Frias v. MeltonAppellate Division of the Supreme Court of the State of New York · 1969
  3. Milton M. Senz, Inc. v. HammerAppellate Division of the Supreme Court of the State of New York · 1933
  4. Rose Container Corp. v. LiebermanCivil Court of the City of New York · 1963
  5. Rose Container Corp. v. LiebermanAppellate Terms of the Supreme Court of New York · 1964

1 more not listed; retrieve them via the Exa API.

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