Legal Opinion
Koss v. United Stores Realty Corp.
Appellate Terms of the Supreme Court of New York
Decided March 17, 1933PublishedCited by 3 opinions
1Opinion of the CourtFrankenthaler, J.
This summary proceeding was brought on the ground that the respondents held over after the expiration of the term, the theory of the landlords being that the lease had expired by reason of a conditional limitation. The trial judge held that the facts alleged in the petition did not show a limitation of the term, and accordingly dismissed the proceedings for lack of jurisdiction.
The covenant relied upon by the landlords and set out in the petition is contained in clause nineteenth as follows: “ That if the tenants or any of them shall be or shall be declared to be insolvent or have been…
2Cases cited9 opinions
- Miller v. . LeviNew York Court of Appeals · 1871
- Burnee Corp. v. Uneeda Pure Orange Drink Co.Appellate Terms of the Supreme Court of New York · 1928
- Martin v. CrossleyAppellate Terms of the Supreme Court of New York · 1905
- In re Guaranty Building Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Bruder v. GeislerAppellate Terms of the Supreme Court of New York · 1905
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3Cited by3 opinions
- Koss v. United Stores Realty Corp.Appellate Terms of the Supreme Court of New York · 1933
- Jamaica Builders Supply Corp. v. ButtelmanCity of New York Municipal Court · 1960
- 19 South Main Street Corp. v. Phalanx Motors, Inc.Justice Court of Town of Ramapo · 1962