Apperson Realty Corp. v. Wolosky

Plaintiff’s motion for summary judgment and defendant’s application for leave to serve a supplemental answer and for summary judgment in defendant’s favor are consolidated.

Plaintiff entered into a lease with Wolosky Fur Shop, Inc. In the complaint it is alleged that after the termination of the lease in summary proceedings during the month of January, 1934, there arose a “ deficiency ” such as the lease mentioned in its fourteenth paragraph. In that paragraph, referred to herein as the “ survival clause,” it was provided that, if the lessee should default or violate any covenant of the lease,…