58-59 Realty Corp. v. Kennelly

The defendant moves for summary judgment against the plaintiff pursuant to rule 113 of the Rules of Civil Practice on the ground that the defendant’s discharge in bankruptcy is a complete bar to plaintiff’s cause of action. The following conceded facts appear: Plaintiff is the owner of an apartment house known as the Essex House located at 160 Central Park South, New York city. On or about June 23, 1931, defendant entered into a lease in writing with plaintiff whereby there was leased to defendant an apartment known as suite 2301-02 on the twenty-third floor of the premises for a term…