Dierig v. Callahan
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the City Court of the city of Rew York, at General Term, which affirmed a judgment for the defendant rendered at a Trial Term of the same court upon a verdict directed in her favor. Action by the assignee of a lease to recover the sum covenanted to be paid by the lessor upon surrender of possession of the demised premises before expiration of the term.
1Per curiam
The lease was of the store Ro. 411 Canal street, in the city of Rew York, and was made by the defendant to one Lina Kiehl, whose interest, as lessee, passed by intermediate assignments in writing to the plaintiff, and this action was brought by her to recover upon the lessor’s following covenant: “ It is hereby covenanted and agreed between the parties hereto that in case the premises hereby leased shall be sold by the said party of th^ first part during the term of the written lease, and the purchaser shall demand possession thereof at any time prior to" the expiration of the term herein…
2Cases cited2 opinions
- Whitfield v. Broadway & Seventh Avenue RailroadNew York Court of Common Pleas · 1890
- Roberts v. DahutAppellate Terms of the Supreme Court of New York · 1899
3Cited by8 opinions
- Maddox v. WescottSupreme Court of Alabama · 1908
- B. J. Galligan & Co. v. P. S. M., Inc.City of New York Municipal Court · 1921
- Krim Realty Corp. v. VarveriAppellate Terms of the Supreme Court of New York · 1916
- A. Z. A. Realty Corp. v. Harrigan's Cafe, Inc.City of New York Municipal Court · 1920
- Dierig v. CallahanCity of New York Municipal Court · 1901
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