502 Park Avenue Corp. v. Delmonico Hotel, Inc.

Summary proceeding is brought for non-payment of rent due on May 1, 1928, in the sum of $78,125, representing the quarter-annual installment of rent payable in advance for the premises known as 502 Park avenue, borough of Manhattan, city of New York. The tenant has interposed two defenses, in substance, that the premises described in the petition were subject to mortgages, liens and other incumbrances in excess of $5,135,000, and that the landlord has admitted to the tenant its inability to remove said hens and incumbrances, in accordance with certain agreements between the parties, and has…