Barney v. DuVivier
Appellate Terms of the Supreme Court of New York
Appeal by a landlord from a judgment of the Municipal Court of the city of New York, borough of Manhattan, first district, in favor of the tenant after a trial by a judge without a jury.
1Opinion of the CourtBijur, J.
This proceeding was brought to recover possession, because of nonpayment of rent for April, 1914, due April 1, $166.66. The lease was made February 24,1909, for five years from May 1,1909, to May 1, 1914, to Charles DuVivier “ doing business under the firm name of DuVivier & Company.” The tenant covenanted therein not to assign without the landlord’s consent in writing.
The answer alleges that DuVivier in 1909 assigned the lease to DuVivier & Company, -a corporation, which has since then been in possession; that the landlord consented to such assignment, accepted the rent from the corporation…
2Cases cited6 opinions
- Fulton County Gas & Electric Co. v. Hudson River Telephone Co.New York Court of Appeals · 1911
- Croft v. KingNew York Court of Common Pleas · 1879
- Crowley v. GormleyAppellate Division of the Supreme Court of the State of New York · 1901
- In re WrightSuperior Court of Buffalo · 1891
- Levy v. WinklerAppellate Terms of the Supreme Court of New York · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Rodack v. New Moon TheatreAppellate Terms of the Supreme Court of New York · 1923
- National Surety Co. v. Trilby Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1937
- Christatos v. United Cigar Stores Co. of AmericaCity of New York Municipal Court · 1932