Bruder v. Geisler
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a final order in dispossess proceedings made in the Municipal Court of the city of New York, fifth district, borough of Manhattan.
1Opinion of the CourtScott, J.
The condition as to cancellation in the lease herein involved does not- differ in any essential particular from that considered in Miller v. Levi, 44 N. Y. 489, which was determined to constitute a conditional limitation of the term permitting the maintenance of a summary proceeding for holding over. There is no force in the contention that the case is different because in the lease now under consideration the language is that in the contingency provided for, *371the tenant “ agrees to cancel said lease.” This is equivalent to saying that the tenant “ agrees that the lease shall be thereby…
2Cases cited2 opinions
- Miller v. . LeviNew York Court of Appeals · 1871
- Bove v. CoppolaAppellate Terms of the Supreme Court of New York · 1904
3Cited by19 opinions
- Titus v. LindbergSupreme Court of New Jersey · 1967
- Burnee Corp. v. Uneeda Pure Orange Drink Co.Appellate Terms of the Supreme Court of New York · 1928
- Clary v. Borough of EatontownNew Jersey Superior Court Appellate Division · 1956
- Ashton Holding Co. v. LevittAppellate Division of the Supreme Court of the State of New York · 1920
- Kuzma v. Millinery Workers, Etc., Local 24New Jersey Superior Court Appellate Division · 1953
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