Legal Opinion
Fairfield Lease Corp. v. 717 Pharmacy, Inc.
Civil Court of the City of New York
Decided July 22, 1981PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Edward H. Lehner, J.
The question raised herein relates to the enforceability of an acceleration clause in a lease for personal property which does not contain a provision authorizing repossession upon a default in payment of rent.
FACTS
Plaintiff is assignee of the lessor under a lease agreement dated November 10, 1978 between U-Vend, Inc., as lessor and defendant as lessee for the rental of a soda vending machine. The lease commenced upon delivery of the machine on December 1,1978 and was for a term of 39 months at a monthly rental of $79.50. After paying rent for 11…
2Cases cited11 opinions
- Truck Rent-A-Center, Inc. v. Puritan Farms 2nd, Inc.New York Court of Appeals · 1977
- Fifty States Management Corp. v. Pioneer Auto Parks, Inc.New York Court of Appeals · 1979
- Seidlitz v. . AuerbachNew York Court of Appeals · 1920
- Hamilton v. . McPhersonNew York Court of Appeals · 1863
- Wilmot v. State of New YorkNew York Court of Appeals · 1973
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3Cited by3 opinions
- Ullman-Briggs, Inc. v. Salton, Inc.District Court, S.D. New York · 1991
- Madsen v. Murrey & Sons Co., Inc.Utah Supreme Court · 1987
- Vanguard Commercial Leasing Corp. v. DayanzadehAppellate Division of the Supreme Court of the State of New York · 1989