Legal Opinion
Kearns v. Barney's Clothes, Inc.
Civil Court of the City of New York
Decided March 29, 1963PublishedCited by 7 opinions
1Opinion of the CourtMaxwell Shapibo, J.
Landlord institutes this holdover proceeding to oust the store tenant because the tenant keeps its retail men’s clothing store open on Sundays.. The tenant is a well-known retail clothier, who, particularly by radio, for many years, has advertised its location to the public. It has occupied the store premises for upwards of 30 years and presently is in possession pursuant to a lease executed on October 1, 1958 and terminating on February 28, 1968, subject to an option by the tenant to extend the term to February 28,1973.
The landlord predicates this proceeding upon a claimed violation of…
2Cases cited9 opinions
- McGowan v. MarylandSupreme Court of the United States · 1961
- Two Guys From Harrison-Allentown, Inc. v. McGinleySupreme Court of the United States · 1961
- Gallagher v. Crown Kosher Super Market of Massachusetts, Inc.Supreme Court of the United States · 1961
- Herald Square Realty Co. v. . Saks Co.New York Court of Appeals · 1915
- Holden v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1924
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Entrepreneur, Ltd. v. YasunaDistrict of Columbia Court of Appeals · 1985
- Madison 52nd Corp. v. OgustCivil Court of the City of New York · 1966
- Mobil Oil Corp. v. BurdoSuffolk County District Court · 1972
- Vittorio Properties, Inc. v. AlprinCivil Court of the City of New York · 1971
- 12 Havemeyer Place Co., LLC v. GordonConnecticut Appellate Court · 2003
2 more not listed; retrieve them via the Exa API.