Legal Opinion
Broadway-Spring Street Corp. v. Jack Berens Export Corp.
City of New York Municipal Court
Decided February 24, 1958PublishedCited by 6 opinions
1Opinion of the CourtGuy Gilbert Ribaudo, J.
This is a summary proceeding brought by the landlord against the tenant and undertenant to recover the possession of certain demised premises for nonpayment of rent for the months of November and December, 1957. The tenant and undertenant have interposed a single answer setting forth a general denial and a separate and distinct defense of actual partial eviction.
The relevant and material facts, as they appear from the testimony herein and from the documents, papers and photographs marked in evidence, are as follows:
On February 25, 1954, the tenant entered into a written lease with the…
2Cases cited14 opinions
- Fifth Avenue Building Co. v. . KernochanNew York Court of Appeals · 1917
- Seigel v. NearyAppellate Terms of the Supreme Court of New York · 1902
- American Tract Society v. JonesAppellate Terms of the Supreme Court of New York · 1912
- Greenblatt v. ZimmermanAppellate Division of the Supreme Court of the State of New York · 1909
- Henry A. Fabrycky, Inc. v. Nad Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1941
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3Cited by6 opinions
- 487 Elmwood, Inc. v. HassettAppellate Division of the Supreme Court of the State of New York · 1985
- Bijan Designer for Men, Inc. v. St. Regis Sheraton Corp.New York Supreme Court · 1989
- Union City Union Suit Co. v. MillerAppellate Division of the Supreme Court of the State of New York · 1990
- Manhattan Mansions v. Moe's PizzaCivil Court of the City of New York · 1990
- Blenheim LLC v. Il Posto LLCCivil Court of the City of New York · 2006
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