Levine v. Sidney Rosenstein & Co.
New York Supreme Court
Cross-motions for judgment on the pleadings, consisting of complaint, answer and demurrer by plaintiff to separate defense, for insufficiency.
1Opinion of the CourtErlanger, J.
For a separate defense to an action upon an agreement for surrender by the tenant of an unexpired term, not exceeding one year, under a lease of premises in the city of New York, the defendant alleges that the agreement was not in writing. The plaintiff demurs to this defense. A paroi agreement to surrender an unexpired term of a lease, where the interest of the tenant thus surrendered is not to exceed a year’s duration, is valid, although to take effect in futuro, under the provisions of the Statute of Frauds relating to the general subject of leases. Real Prop. Law, §§ 242, 259; Allen v.…
2Cases cited3 opinions
- Smith v. . DevlinNew York Court of Appeals · 1861
- Souhami v. BrownstoneAppellate Division of the Supreme Court of the State of New York · 1919
- Berkowitz v. IorizzoAppellate Terms of the Supreme Court of New York · 1919
3Cited by1 opinion
- 425 East Eighty-sixth Street Corp. v. WormsCity of New York Municipal Court · 1932