Legal Opinion

Foley v. Constantino

Appellate Terms of the Supreme Court of New York

Decided February 15, 1904PublishedCited by 4 opinions

Appeal by the tenant from a final order in summary proceedings to remove him for nonpayment of rent, made by the Municipal Court of the city of New York, third district, borough of Manhattan, upon a trial had before the court, without a jury.

1Opinion of the CourtGiegebich, J.

These proceedings were instituted to remove the tenant from the premises known as No. 552 West Broadway, borough of Manhattan, New York city, after a default in the payment of rent for two months, viz.: the months of May and June, 1903.

The premises in suit were leased to the tenant by one Ann. Quirk, then the owner in fee, by a written lease dated the 29th day of July, 1901, for the term of five years from April 1, 1901, at the monthly rent of $265.

The lease, among other things, contains two clauses, one for a deposit of $265, to secure the payment of rent and the performance of covenants,…

2Cited by4 opinions

  1. Levy v. PeabodyMassachusetts Supreme Judicial Court · 1921
  2. Armas v. ArmasCalifornia Court of Appeal · 1922
  3. Diepenbrock v. LuizCalifornia Supreme Court · 1911
  4. Keroes v. ColemanDistrict of Columbia Court of Appeals · 1914

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