Folger v. Raczek
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure. The controversy involves the right to a tenant’s deposit made with the defendant landlord to secure the performance of a lease. The bankrupt had leased from defendant certain premises in Brooklyn for five years from June 1, 1913, at the monthly rental of $300 payable in advance on the first of each month.
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Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure. The controversy involves the right to a tenant’s deposit made with the defendant landlord to secure the performance of a lease. The bankrupt had leased from defendant certain premises in Brooklyn for five years from June 1, 1913, at the monthly rental of $300 payable in advance on the first of each month. The lease provided that “ To guarantee the keeping and fulfilling of this lease, the tenant shall deposit with the party of the first part the sum of Nine Hundred (900)…
1Per curiam
The lease contained a clause authorizing the landlord to re-enter in case the premises should become vacant, and then to relet on behalf of the defendant and to hold the tenant for any deficiency, but this remedy was not invoked. Taking summary proceedings and dispossessing the tenant was an election to re-enter and end the relation of landlord and tenant. By this act defendant waived all claim to the deposit, except to apply it in payment of rent then due or accrued. (Caesar v. Rubinson, 174 N. Y. 492, 498.) As the parties did not agree that the sum deposited should be liquidated damages,…
2Cases cited4 opinions
- Caesar v. . RubinsonNew York Court of Appeals · 1903
- Feinsot v. BursteinAppellate Division of the Supreme Court of the State of New York · 1914
- Feinsot v. . BursteinNew York Court of Appeals · 1915
- Berg v. KaiserAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by1 opinion
- Kamioner v. BalkindCity of New York Municipal Court · 1916