Legal Opinion
Ettinger v. Canby Corp.
City of New York Municipal Court
Decided June 4, 1947PublishedCited by 2 opinions
1Opinion of the CourtLyman, J.
This is a summary proceeding to evict the. tenant and the subtenant from a garage now being occupied by the subtenant.
The landlord seeks to recover the premises on three grounds. The first is that the premises were sublet in violation of a covenant in the lease prohibiting such subletting without the written consent of the landlord having first been obtained.
The covenant reads: “ 29th. Notwithstanding any provisions as herein contained in Paragraph 4th, the landlord grants to the tenant the right to sublet the said building, but only after first securing written permission for such subletting…
2Cases cited7 opinions
- Riggs v. . PursellNew York Court of Appeals · 1876
- Fleischman v. . FurguesonNew York Court of Appeals · 1918
- Presby v. . BenjaminNew York Court of Appeals · 1902
- Smith v. . Rector, Etc., of St. Philip's ChurchNew York Court of Appeals · 1888
- Jackson ex rel. Stevens v. SilvernailNew York Supreme Court · 1818
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Brause v. 2968 Third Avenue Inc.Civil Court of the City of New York · 1963
- Stolzfus v. 315 Berry Street Corp.New York Supreme Court · 1986