Legal Opinion

Feinsot v. Burstein

Appellate Division of the Supreme Court of the State of New York

Decided April 3, 1914PublishedCited by 16 opinions

Appeal by the defendant, Maurice J. Burstein, from an order and determination of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 13th day of November, 1913, reversing an order of the City Court of the City of New York' setting aside the verdict of a jury in plaintiffs’ favor and dismissing the complaint. The order of the Appellate Term reinstated the verdict of the jury rendered in the City Court.

1Opinion of the Court

Clarke, J.:

The action was to recover a deposit of $2,000 made by the plaintiffs upon a lease, less the amount due when they were dispossessed. The lease was for a tenement house on Orchard street for a term of four years commencing on February 1,1911, at a yearly rental of $12,000, payable in monthly installments of $1,000 each, to be paid $500 on the fifth and $500 on the tenth of each month in advance. The lease provided that ‘ ‘ in case any rent shall be due and unpaid, or if default shall be made in any of the covenants herein contained, then it shall be lawful for the party of the first…

2Cases cited5 opinions

  1. Chaude v. . ShepardNew York Court of Appeals · 1890
  2. Scott v. . MontellsNew York Court of Appeals · 1888
  3. Feyer v. ReissAppellate Division of the Supreme Court of the State of New York · 1912
  4. Caesar v. RubinsonAppellate Division of the Supreme Court of the State of New York · 1902
  5. Feinsot v. BursteinAppellate Terms of the Supreme Court of New York · 1913

3Cited by16 opinions

  1. Halpern v. Manhattan Avenue Theatre Corp.Appellate Division of the Supreme Court of the State of New York · 1916
  2. Fields Holding Co. v. Chanbrook Realty Co.Appellate Division of the Supreme Court of the State of New York · 1936
  3. Fleisher v. FriorAppellate Terms of the Supreme Court of New York · 1916
  4. Hochman v. BolltAppellate Terms of the Supreme Court of New York · 1915
  5. Seidlitz v. AuerbachAppellate Division of the Supreme Court of the State of New York · 1919

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