Legal Opinion

Fleisher v. Frior

Appellate Terms of the Supreme Court of New York

Decided November 15, 1916PublishedCited by 6 opinions

Appeal by defendants from a judgment of the City Court of the city of New York in favor of plaintiff, entered upon the verdict of a jury.

1Opinion of the CourtBijur, J.

This action was brought by plaintiff to recover from defendants the balance of a deposit of $1,500 placed by plaintiff with defendants as security under a lease. Defendants were themselves merely lessees of the premises, which were used as a theatre.

On December 1, 1913, they executed to plaintiff a sublease of the premises for a term of five years, namely, from December 1, 1913, to December 1, 1918, at a rental of $100 weekly payable in advance.

The lease contained, among other material provi*346sions, the following clauses, which are so important as to require literal reproduction:

“ 8th. That if…

2Cases cited25 opinions

  1. Sun Printing and Publishing Assn. v. MooreSupreme Court of the United States · 1902
  2. Mosler Safe Co. v. Maiden Lane Safe Deposit Co.New York Court of Appeals · 1910
  3. Michaels v. . FishelNew York Court of Appeals · 1902
  4. McCready v. . LindenbornNew York Court of Appeals · 1902
  5. Ward v. Hudson River Building Co.New York Court of Appeals · 1891

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3Cited by6 opinions

  1. Hyman v. CohenSupreme Court of Florida · 1954
  2. Kottler v. New York Bargain House, Inc.New York Court of Appeals · 1926
  3. Ashton Holding Co. v. RossAppellate Terms of the Supreme Court of New York · 1917
  4. Simon v. LindenAppellate Terms of the Supreme Court of New York · 1919
  5. Ridley v. SudbrinkAppellate Terms of the Supreme Court of New York · 1918

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