Legal Opinion

Janes v. Paddell

Appellate Terms of the Supreme Court of New York

Decided April 29, 1910PublishedCited by 3 opinions

Appeal from Municipal Court, Borough of Manhattan, Third District. Summary proceedings by Jane M. Janes against Timothy F. Pad-dell and others. From the final order in favor of the tenants, the landlord appeals.

1Opinion of the CourtLehman, J.

The petition of the landlord sets forth that she leased premises in the city of New York to the tenant, and that the lease contained the following provisions:

“Provided, always, nevertheless, that if the rent above reserved * * * shall not be paid within twenty days.” etc., “ * * * or if default shall be made in any or either of the covenants herein contained, or if the said party of the second part shall fail in the performance of any of the conditions or provisos in these presents contained, that from then and upon the happening of said events, and at the election of the party of the first…

2Cases cited5 opinions

  1. Beach v. . NixonNew York Court of Appeals · 1853
  2. Miller v. . LeviNew York Court of Appeals · 1871
  3. Martin v. CrossleyAppellate Terms of the Supreme Court of New York · 1905
  4. Kramer v. AmbergNew York Court of Common Pleas · 1889
  5. Cottle v. SullivanSuperior Court of Buffalo · 1894

3Cited by3 opinions

  1. In Re Delta Motor Hotel of Syracuse, Inc.United States Bankruptcy Court, N.D. New York · 1981
  2. Ehre v. People of New York Ex Rel. Hennessy (In Re Adirondack Railway Corp.)United States Bankruptcy Court, N.D. New York · 1983
  3. Family Showtime Theatres of Bay Parkway, Inc. v. Toys "R" Us-Nytex, Inc. (In Re Family Showtime Theatres, Inc.)District Court, E.D. New York · 1987

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