Legal Opinion
First National Bank of New Rochelle v. Fairchester Oil Co.
Appellate Division of the Supreme Court of the State of New York
Decided December 29, 1943PublishedCited by 7 opinions
1Per curiam
The action is for the recovery of rent under a written lease. The judgment appealed from dismissed the complaint of the plaintiff without prejudice to the commencement of an action to recover the value of use and occupancy. The defendant pleaded two separate defenses: First, that the lease had been terminated and canceled in conformity with the provisions therein; and second, that there was a complete failure of consideration.
The lease contained the following clause: “ 10. If at any time after the execution of this lease by the Lessee, the use of said premises as an oil and gasoline filling…
2Cases cited3 opinions
- Robitzek Investing Co. v. Colonial Beacon Oil Co.Appellate Division of the Supreme Court of the State of New York · 1943
- Byrnes v. BalcomAppellate Division of the Supreme Court of the State of New York · 1942
- Colonial Operating Corp. v. Hannan Sales & Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1943
3Cited by7 opinions
- Lloyd v. MurphyCalifornia Supreme Court · 1944
- Ohio Citizens Trust Co. v. Air-Way Electric Appliance Corp.District Court, N.D. Ohio · 1944
- 56-70 58th Street Holding Corp. v. Fedders-Quigan Corp.New York Court of Appeals · 1959
- 119 Fifth Avenue, Inc. v. Taiyo Trading Co.New York Supreme Court · 1947
- Mid-Continent Petroleum Corp. v. BarrettCourt of Appeals of Kentucky (pre-1976) · 1944
2 more not listed; retrieve them via the Exa API.