Legal Opinion

Isaacs v. Greenberg

Appellate Terms of the Supreme Court of New York

Decided February 13, 1914PublishedCited by 2 opinions

Appeal from Municipal Court, Borough of Manhattan, First District. Action by Benjamin F. Isaacs against Louis Greenberg. From a judgment awarding plaintiff, as landlord, possession of premises for nonpayment of rent, defendant appeals. Reversed, and proceedings dismissed. Argued January term, 1914, before LEHMAN, PAGE, and BI-JUR, JJ.

1Opinion of the CourtBijur, J.

The tenant appellant held under a lease made April 1, 1912. Respondent was appointed receiver June 30, 1913, in proceedings for foreclosure of a mortgage on the premises executed December 2, 1912, and recorded the following day. He immediately notified the tenant of his appointment, and made demand for rent the following day. The rent was due monthly on the first of each month in advance. Before the appointment of the receiver, namely, June 23, 1913, the *922tenant gave the owner of the equity a check for the July rent, and on June 25th, two notes for the payment of the August and September rent.…

2Cases cited4 opinions

  1. Tarbell v. . WestNew York Court of Appeals · 1881
  2. Fletcher v. McKeonAppellate Division of the Supreme Court of the State of New York · 1902
  3. Hartley v. MeyerNew York Court of Common Pleas · 1892
  4. Fletcher v. McKeonNew York Supreme Court · 1901

3Cited by2 opinions

  1. Boteler v. LeberNew Jersey Court of Chancery · 1933
  2. Olive v. LevyAppellate Division of the Supreme Court of the State of New York · 1922

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