Legal Opinion

130 West 57 Corp. v. Hyman

Appellate Terms of the Supreme Court of New York

Decided November 7, 1946PublishedCited by 24 opinions

1Opinion of the CourtHecht, J.

The landlord instituted summary proceedings to remove the tenant from her apartment on the ground that she violated a substantial obligation of the lease in subletting the apartment without obtaining the landlord’s consent. The tenant had entered into a written lease with the landlord’s predecessor in title, for a term of one year and seven months, ending on September 30,1945. No new agreement ivas entered into between the parties upon the expiration of the term under the written lease. The subletting occurred subsequent to September 30, 1945.

The tenant argues that in the absence of any proof…

2Cases cited3 opinions

  1. Stern v. . Equitable Trust Co.New York Court of Appeals · 1924
  2. Royce Haulage Corp. v. Bronx Terminal Garage, Inc.Appellate Terms of the Supreme Court of New York · 1945
  3. Tompkins v. KornfeldAppellate Terms of the Supreme Court of New York · 1946

3Cited by24 opinions

  1. Commissioner of Internal Revenue v. McCue Bros. & Drummond, IncCourt of Appeals for the Second Circuit · 1954
  2. Resolution Trust Corp. v. DiamondCourt of Appeals for the Second Circuit · 1994
  3. Lewittes & Sons v. SpielmannAppellate Terms of the Supreme Court of New York · 1947
  4. Glauberman v. University Plage Apartments, Inc.New York Supreme Court · 1946
  5. Shelton Building Corp. v. BaggettAppellate Terms of the Supreme Court of New York · 1947

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