Legal Opinion

Kottler v. New York Bargain House, Inc.

New York Court of Appeals

Decided January 12, 1926PublishedCited by 61 opinions

1Opinion of the CourtCardozo, J.

The plaintiff, the lessee of a building in the city of New York, made a sublease, beginning May 1, 1920, and ending January 31, 1925, to S. Kleinman & Co., a partnership. Almost at once, S. Kleinman &' Co. assigned all their assets, including the lease, to New York Bargain House, Inc., the defendant, which went into possession. There is evidence that the defendant in consideration of the assignment assumed the debts and liabilities. There is a finding, unanimously affirmed by the Appellate Division, that it “ expressly assumed all the obligations ” of the lease. Under the rule of Lawrence v.…

2Cases cited25 opinions

  1. Lawrence v. . FoxNew York Court of Appeals · 1859
  2. Vrooman v. . TurnerNew York Court of Appeals · 1877
  3. Dushane v. BeallSupreme Court of the United States · 1896
  4. Mann v. . Munch BreweryNew York Court of Appeals · 1919
  5. Eten v. . LuysterNew York Court of Appeals · 1875

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3Cited by61 opinions

  1. Hermitage Co. v. LevineNew York Court of Appeals · 1928
  2. Halsted v. Globe Indemnity Co.New York Court of Appeals · 1932
  3. Kanter v. SafranSupreme Court of Florida · 1953
  4. Lenco, Inc. v. HirschfeldNew York Court of Appeals · 1928
  5. Treff v. GulkoCalifornia Supreme Court · 1932

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