Goldberg v. Levine
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Isidor Goldberg, from a determination and order of the Appellate Term of the Supreme Court, First Department, entered in the office of the clerk of the county of New York on the 20th day of January, 1921, reversing the final order of the Municipal Court of the City of New York, Borough of Manhattan, Second District, in favor of the plaintiff, and dismissing the petition in summary proceedings to dispossess.
1Opinion of the Court
Merrell, J.:
On October 10, 1918, one Moses Harris executed a written lease to the petitioner herein, whereby said Harris leased to *294the petitioner the basement of premises at No. 25 Allen street in the borough of Manhattan, New York city, for a term ending December 31, 1921, at rental of seventy-five dollars per month. Said lease contained, among others, the following provisions:
- “ 4th. That the tenant shall not assign the agreement, or underlet or underlease the premises, or any part thereof, or make any alterations on the premises, without the landlord’s consent in writing; or occupy, or…
2Cases cited4 opinions
- Kamp v. . KampNew York Court of Appeals · 1874
- Claim of Doey v. Clarence P. Howland Co.New York Court of Appeals · 1918
- O'Donoghue v. . BoiesNew York Court of Appeals · 1899
- In re Guaranty Building Co.Appellate Division of the Supreme Court of the State of New York · 1900
3Cited by10 opinions
- Fox v. MartinMichigan Supreme Court · 1938
- McLellan v. Automobile Ins. Co.Court of Appeals for the Ninth Circuit · 1935
- Brause v. 2968 Third Avenue Inc.Civil Court of the City of New York · 1963
- Gilroy v. BeckerAppellate Terms of the Supreme Court of New York · 1945
- American Cities Co. v. StevensonNew York Supreme Court · 1946
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