Lertora v. Reimann
City of New York Municipal Court
Proceeding by one Lertora against one Beimann for contempt in violating an order restraining the latter from disposing of his property.
1Opinion of the CourtOlcott, J.
It seems clear that the judgment debtor overlooked the fact that a lease is property as well as an obligation. In defiance of the terms of the injunction, he has now impaired the value of that property by taking and using subrentals thereof. It makes-no difference that such subrentals accrued subsequent to the commencement of this proceeding, because the property was acquired prior thereto. Stevens v. Dewey, 13 App. Div. 312, 43 N. Y. Supp. 130. The theory of that decision applies with the same clearness-whether the subletting be for a term, or from month to month. But the judgment debtor…
2Cases cited1 opinion
- Stevens v. DeweyAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by2 opinions
- Ace Mail Advertising, Inc. v. NewgoldNew York Supreme Court · 1933
- Browning v. ChadwickCity of New York Municipal Court · 1899