Legal Opinion

Mad-Park Holding Corp. v. Elter

City of New York Municipal Court

Decided March 28, 1934PublishedCited by 2 opinions

1Opinion of the Court

La Fetra, Ch. J.

This action is brought to recover upon a written lease which by its terms expires April 30, 1936. Plaintiff, the landlord, sues for the rent accruing for the months of June, July, August, September and October, 1933. The defendant answered and interposed several defenses, only two of which need be considered: (1) That on March 15, 1933, plaintiff instituted summary proceedings against the defendant and a final order in said proceedings was signed, and (2) that on May *4211, 1933, prior to the accrual of any of the rent sued for herein, defendant filed a petition in bankruptcy, and…

2Cases cited8 opinions

  1. Manhattan Properties, Inc. v. Irving Trust Co.Supreme Court of the United States · 1934
  2. Maynard v. ElliottSupreme Court of the United States · 1931
  3. McCready v. . LindenbornNew York Court of Appeals · 1902
  4. Hermitage Co. v. LevineNew York Court of Appeals · 1928
  5. Cornwell v. . SanfordNew York Court of Appeals · 1918

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3Cited by2 opinions

  1. Denton v. DentonNew York Family Court · 1942
  2. 58-59 Realty Corp. v. KennellyCity of New York Municipal Court · 1934

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