Legal Opinion
Cloudy Realty Corp. v. Irving Trust Co.
Court of Appeals for the Second Circuit
Decided February 17, 1936No. 247PublishedCited by 2 opinions
1Opinion of the Court
CHASE, Circuit Judge.
The claimant filed this same claim in the bankruptcy proceedings of the debtor. It was expunged, and we affirmed the order. In re United Cigar Stores Co. (C.C.A.) 70 F.(2d) 263. As the facts now made to appear are the same, it will be sufficient to state them but briefly.
Claimant was a sublessee of premises in New York City held under a lease expressly made subject to the terms of the head lease to its lessor, the debtor. It was protected in its quiet enjoyment of the premises by covenants binding its sub-lessor. The head lessor was entitled under the lease it gave the…
2Cases cited3 opinions
- Burr v. . StentonNew York Court of Appeals · 1871
- Bruder v. GeislerAppellate Terms of the Supreme Court of New York · 1905
- Cloudy Realty Corp. v. Irving Trust Co.Court of Appeals for the Second Circuit · 1934
3Cited by2 opinions
- Central Manhattan Properties, Inc. v. D. A. Schulte, Inc.Court of Appeals for the Second Circuit · 1937
- In the Matter of INVESTORS FUNDING CORPORATION OF NEW YORK, DebtorsDistrict Court, S.D. New York · 1980