Magner v. Mills

On this motion for summary judgment under rules 113 and 114 of the Rules of Civil Practice it appears that on June 13, 1924, the plaintiff as landlord and the defendants as tenants entered into a written lease by which there was leased to the defendants a certain pier located on the southerly side of Dearborn avenue and Long Island sound, in the village of Rye, N. Y.

The lease provided for a term from the date of the lease to October 1, 1926, at a rental of $1,000 a season. The rental for the years 1925 and 1926 was to be paid $500 on the first day of May of each year, and $500 on or before…