Von der Horst v. Wolinsky
City of New York Municipal Court
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
- McCready v. . LindenbornNew York Court of Appeals · 1902
- Kottler v. New York Bargain House, Inc.New York Court of Appeals · 1926
- Miller v. . LeviNew York Court of Appeals · 1871
- Judson v. FieldingAppellate Division of the Supreme Court of the State of New York · 1929
- 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
- Burlingame v. MeyerCourt of Appeals for the Second Circuit · 1930
- O'Frias v. MeltonAppellate Division of the Supreme Court of the State of New York · 1969
- Milton M. Senz, Inc. v. HammerAppellate Division of the Supreme Court of the State of New York · 1933
- Rose Container Corp. v. LiebermanCivil Court of the City of New York · 1963
- Rose Container Corp. v. LiebermanAppellate Terms of the Supreme Court of New York · 1964
1 more not listed; retrieve them via the Exa API.