Legal Opinion

National Surety Co. v. Trilby Realty Corp.

Appellate Division of the Supreme Court of the State of New York

Decided February 11, 1937PublishedCited by 5 opinions

1Opinion of the CourtO’Malley, J.

Plaintiff sues as assignee (also as subrogee, as is claimed) to recover rent for the months of November and December, 1929, and certain taxes, pursuant to the terms of a lease of premises 684-688 Lexington avenue in the borough of Manhattan, city of New York. The lease was between the United Cigar Stores Company of America as lessor, and the defendant as lessee, from February 1,1927, to April 29,1947. This lease contained the express provision: “No assignment or transfer shall in any manner whatsoever operate to reheve, release or discharge the tenant or any other person, firm or corporation…

2Cases cited3 opinions

  1. Wronkow v. . OakleyNew York Court of Appeals · 1892
  2. Crowley v. GormleyAppellate Division of the Supreme Court of the State of New York · 1901
  3. Barney v. DuVivierAppellate Terms of the Supreme Court of New York · 1914

3Cited by5 opinions

  1. Hartford Accident & Indemnity Co. v. Michigan Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1983
  2. New York Board of Fire Underwriters v. Trans Urban Construction Co.Appellate Division of the Supreme Court of the State of New York · 1983
  3. Durand v. LipmanCity of New York Municipal Court · 1937
  4. 500 Fifth Avenue, Inc. v. NielsenCivil Court of the City of New York · 1968
  5. Buchholz v. LucknerCity of New York Municipal Court · 1960

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API