Day v. Greenebaum
New York Supreme Court
Action by Anthony Day, as executor of Charles S. Scott, deceased, to recover damages for breach of covenant in a lease. There was a verdict in favor of plaintiff, and defendant moves for a new trial on exceptions ordered to be heard at general term in the first instance.
1Opinion of the CourtParker, J.
Judgment was taken against two of the defendants, Bernard C. Cunningham and Max J. Marks, on default. The third defendant, Ferdinand Greenebaum, answered. The action is brought to "recover judgment for the alleged breach of covenants contained in a lease of premises made by plaintiff’s testator to Cunningham and Marks. The provision in the lease relating to such covenants is as follows:
“The said parties of the second part hereby covenant and agree that for and in consideration of the reduced rent at which said premises are leased, and the allowance of two months before the payment of rent…
2Cases cited7 opinions
- Stewart v. . Long Island R.R. Co.New York Court of Appeals · 1886
- Bedford v. . TerhuneNew York Court of Appeals · 1864
- Frank v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1890
- Collins v. . HasbrouckNew York Court of Appeals · 1874
- Ganson v. . TifftNew York Court of Appeals · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Leadbetter v. PewthererOregon Supreme Court · 1912
- B. J. Galligan & Co. v. P. S. M., Inc.City of New York Municipal Court · 1921
- Benoliel v. New York & Brooklyn Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Holcomb v. ClarkArizona Supreme Court · 1925
- Moskowitz v. Eastern Brewing Co.Appellate Terms of the Supreme Court of New York · 1909
5 more not listed; retrieve them via the Exa API.