Katz v. Leblang

The action is brought by the plaintiff, as assignee of Fulton Improvement Company, the landlord under a lease of a theatre to Acme Theatre Company, against the defendant, as executrix of the estate of Joseph Leblang, who had guaranteed performance of the lease to the landlord to the extent of $12,500.

Upon cross-motions for summary judgment the facts were conceded. The lease, executed on March 27, 1929, was for.a term of ten years commencing September 1, 1930, and terminating August 31,1940. By its terms the tenant undertook to pay rent of $28,000 per annum and in addition to pay real estate…