Halpern v. . Manhattan Avenue Theatre Corporation
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 10, 1916, which affirmed an order of Special Term granting defendant’s motion for judgment on the pleadings. The action is one to recover a sum of money deposited by the plaintiff’s assignors as tenants with the defendant as landlord as security for the faithful performance by the tenants of the covenants and conditions of a written lease.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 10, 1916, which affirmed an order of Special Term granting defendant’s motion for judgment on the pleadings. The action is one to recover a sum of money deposited by the plaintiff’s assignors as tenants with the defendant as landlord as security for the faithful performance by the tenants of the covenants and conditions of a written lease. The complaint alleged that the lessees having omitted to pay rent due, the lessor instituted summary proceedings and…
1Per curiam
The six thousand dollars was deposited “ as security ” to protect the landlord against loss and damage during the term of the lease as prescribed thereby. Many covenants of the lease, by express agreement of the parties, survive the judgment in the summary proceeding and the execution of the warrant thereon. (Michaels v. Fishel, 169 N. Y. 381, 387; Hall v. Gould, 13 N. Y. 127,134; Anzolone v. Paskusz, 96 App. Div. 188; Feyer v. Reiss, 154 App. Div. 272; Slater v. Von Chorus, 120 App. Div. 16.) This action, which was commenced within four months after the beginning of the leasehold term, is…
2Cases cited5 opinions
- Michaels v. . FishelNew York Court of Appeals · 1902
- Hall v. . GouldNew York Court of Appeals · 1855
- Anzolone v. PaskuszAppellate Division of the Supreme Court of the State of New York · 1904
- Feyer v. ReissAppellate Division of the Supreme Court of the State of New York · 1912
- Slater v. Von ChorusAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by16 opinions
- Hermitage Co. v. LevineNew York Court of Appeals · 1928
- Lenco, Inc. v. HirschfeldNew York Court of Appeals · 1928
- Rosenfeld v. AaronNew York Court of Appeals · 1928
- Burlingame v. MeyerCourt of Appeals for the Second Circuit · 1930
- Darmstadt v. Knickerbocker Chandelier & Electrical Supply Co.Appellate Division of the Supreme Court of the State of New York · 1919
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