Dassori v. Zarek
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frederick Dassori, from a judgment of the Municipal'Court of the city of New York, borough of Brooklyn, in favor of the defendant, entered in said court on the 29th day o,f November, 1901, dismissing the complaint upon the merits. The action was to recover rent for the month of June, 1901, upon the lease. The pleadings were oral and the answer was a general denial and a former adjudication.
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Appeal by the plaintiff, Frederick Dassori, from a judgment of the Municipal'Court of the city of New York, borough of Brooklyn, in favor of the defendant, entered in said court on the 29th day o,f November, 1901, dismissing the complaint upon the merits. The action was to recover rent for the month of June, 1901, upon the lease. The pleadings were oral and the answer was a general denial and a former adjudication. The premises were formerly-owned by Benedix, who leased them to Dittmer for five years from Hay 19, 1897. Benedix conveyed the premises to Hollenhauer on August 1, 1900, and on…
1Opinion of the Court
Jenks, J.:
The assignee of a lease is liable for the rent only for the period that he is in possession, and if he assign his term and gó out, his liability is thereupon determined. (Durand v. Curtis, 57 N. Y. 7; Childs v. Clark, 3 Barb. Ch. 52, 60; Clark v. Aldrich, 4 App. Div. 523.) This rule is subject to the exception that .if the assign*540meñt to the assignee contain his express contract or covenant to pay the rent or to perform the covenants of the lease, which embrace a covenant to pay the rent, then he may be held upon his contract or covenant despite his own subsequent assignment.
The…
2Cases cited3 opinions
- Childs v. ClarkNew York Court of Chancery · 1848
- Durand v. . CurtisNew York Court of Appeals · 1874
- Clark v. AldrichAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by15 opinions
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- Hart v. Socony-Vacuum Oil Co.New York Court of Appeals · 1943
- Penelko, Inc. v. John Price Associates, Inc.Utah Supreme Court · 1982
- Seeburger v. CohenSupreme Court of Iowa · 1933
- Seventy-eighth Street & Broadway Co. v. Purssell Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1915
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