Cohen v. Afro-American Realty Co.
Appellate Terms of the Supreme Court of New York
Apeal by the defendant from a judgment of the City Court of the city of Mew York, entered in favor of the plaintiff upon the decision of the court.
1Opinion of the CourtBischoff, J.
Obviously the provision of the lease that the filing of any legal process against the tenant “ shall cause this lease immediately thereafter to oea.se and come to an end” was inserted wholly for'the benefit of the landlord; and the mere fact that process against the tenant was filed, at some person’s instance, could not relieve him from his obligation to pay rent, unless, by some act which affected the possession, the landlord signified his intention to avail himself of this condition of the lease. Such a condition could be no more self-executing, at the tenant’s election, than would a…
2Cases cited1 opinion
- Roehner v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1875
3Cited by3 opinions
- Burnee Corp. v. Uneeda Pure Orange Drink Co.Appellate Terms of the Supreme Court of New York · 1928
- Middlebrook Tech, LLC v. MooreCourt of Special Appeals of Maryland · 2004
- Murray Realty Co. v. Regal Shoe Co.Appellate Division of the Supreme Court of the State of New York · 1934