Legal Opinion

Fischer v. Ginzburg

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

Decided April 9, 1920PublishedCited by 10 opinions

Appeal by the defendants, Michael Ginzburg and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 6th day of December, 1919, enjoining, during the pendency of the action, an alleged violation of the provisions with respect to subletting contained in a lease to defendant Ginzburg of premises known as 60 Cooper Square.

1Opinion of the Court

Laughlin, J.:

On the 22d day of March, 1919, the New York Life Insurance and Trust Company, as trustee, plaintiffs’ predecessor in title, owned the premises and by an instrument in writing and under seal leased them to the defendant Ginzburg for the term of three years from May first thereafter. The lease was executed in duplicate and contained in a printed clause *420an agreement on the part of the tenant not to assign or sublet the premises or any part thereof, or to make any alteration in the building, or to use it for any business or purpose deemed extra hazardous without the written consent…

2Cases cited4 opinions

  1. Bleecker v. SmithNew York Supreme Court · 1835
  2. Washburn v. . BurnhamNew York Court of Appeals · 1875
  3. Storms v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
  4. Martin v. MartinNew York Court of Common Pleas · 1892

3Cited by10 opinions

  1. In Re Sok Jun KongUnited States Bankruptcy Court, E.D. New York · 1993
  2. Investors' Guaranty Corp. v. ThomsonWyoming Supreme Court · 1924
  3. Woollard v. Schaffer Stores Co.Appellate Division of the Supreme Court of the State of New York · 1936
  4. Fifth Avenue Realty Corp. v. LynchCity of New York Municipal Court · 1957
  5. Flaherty v. Broadway Associate Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 1991

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