McCutcheon Realty Corp. v. Kilb
City of New York Municipal Court
1Opinion of the CourtChilvers, J.
The lease provided that “ If the rent herein reserved shall not be paid on any day whereon the same is due and payable * * * .at the election and option of the landlord, evidenced by a notice in writing from the landlord to the tenant, this lease and the estate hereby granted and created shall cease and come to an end, and the term of this lease shall be deemed and construed to cease and expire at midnight on the 5th day following the day upon which such notice shall have been served or mailed * * * and this lease shall expire as fully and completely upon the 5th day after such notice as if…
2Cases cited8 opinions
- Beatty v. . Guggenheim Exploration Co.New York Court of Appeals · 1919
- DeVita v. PianisaniAppellate Terms of the Supreme Court of New York · 1926
- Simon v. SchmittAppellate Division of the Supreme Court of the State of New York · 1910
- Boskowitz v. CohnAppellate Division of the Supreme Court of the State of New York · 1921
- Montant v. MooreAppellate Division of the Supreme Court of the State of New York · 1909
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3Cited by5 opinions
- Paul Pleating & Stitching Co. v. LevineCity of New York Municipal Court · 1930
- Maffetone v. MicariCity of New York Municipal Court · 1954
- Jamaica Builders Supply Corp. v. ButtelmanCity of New York Municipal Court · 1960
- Besmanoff v. AllenLong Beach City Court · 1987
- Smith v. EllerbeNew York Supreme Court · 1988