McKinny v. Browning
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles Browning, from a judgment of the Municipal Court of the city of New York in'favor of the plaintiff, rendered on the 2d day of December, 1907.
1Opinion of the Court
Woodward, J.:
The plaintiff brings this actio.n to recover the-balance of rentals due under a written lease, the defendant holding over. In October, 1904, the plaintiff leased to the defendant an apartment in her building. A written lease was entered into, which provided that if the .premises became vacant during the term the landlord might re-enter and lease the same, applying the proceeds to the payment of expenses and the rent reserved, the remainder, if any, to go to the defendant, and in the event of a deficiency the defendant to be liable for tlie same. The defendant entered into…
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