Gray v. Kaufman Dairy & Ice Cream Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 5, 1897, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, a jury having been waived. This action was brought to recover two months’ rent of the premises known as Ho. 787 Eighth avenue, in the city of Hew York.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 5, 1897, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, a jury having been waived. This action was brought to recover two months’ rent of the premises known as Ho. 787 Eighth avenue, in the city of Hew York. In July, 1893, the plaintiff let the said premises to the defendant for ten years from August 1st, 1893, at the yearly rental of $2,400, payable monthly in advance, and also the extra water rent charged against the defendant…
1Opinion of the CourtWerner, J.
This controversy arises out of the conventional relation of landlord and tenant under circumstances governed by fixed principles of law. The first and most important question in the case is whether the plaintiff’s reletting of the premises described in the lease, after the defendant’s attempted surrender of the same, changed or affected the legal status of the parties under the original lease. It is so well settled as to be almost axiomatic that a surrender of premises is created by operation of law when the parties to a lease do some act so inconsistent with the subsisting relation of…
2Cases cited8 opinions
- Coe v. . HobbyNew York Court of Appeals · 1878
- Underhill v. . CollinsNew York Court of Appeals · 1892
- Smith v. . KerrNew York Court of Appeals · 1888
- Beall v. WhiteSupreme Court of the United States · 1877
- Learned v. . TillotsonNew York Court of Appeals · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Kottler v. New York Bargain House, Inc.New York Court of Appeals · 1926
- Riverside Research Institute v. KMGA, Inc.New York Court of Appeals · 1986
- In re Mullings Clothing Co.Court of Appeals for the Second Circuit · 1916
- Wright v. BaumannOregon Supreme Court · 1965
- Centurian Development Ltd. v. Kenford Co.Appellate Division of the Supreme Court of the State of New York · 1977
59 more not listed; retrieve them via the Exa API.