Seven Eleven Fifth Avenue, Inc. v. Dave Herstein Co.

This summary proceeding was instituted by the landlord, the owner of the leasehold of the premises in concern against the tenant for nonpayment of rent; possession was sought and also a judgment for the amount of the rent due and unpaid. Landlord recovered and this appeal results.

The original agreement of lease was made on June 18, 1934, and was for a term of five years from February 1, 1935, to January 31,1940, for the purposes therein described. The rent reserved under the agreement was a fixed minimum rental of $9,000 per annum, payable in equal monthly installments of $750, together with…