Wertheimer v. Marks
New York Supreme Court
Appeal by the defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, second district, rendered in favor of the plaintiff.
1Opinion of the CourtWhitaker, J.
This is an action to recover $170 deposited with the defendant by Sarah Newman upon the execution of a lease by Sarah Marks to Sarah Newman of a certain store in New York city for a period of four years from May 1, 1908. Sarah Marks, the defendant, executed a four-year lease of property to Sarah Newman. Said lease was dated February 12, 1908. The term commenced on May 1, 1906, and expired on April 30,1912.
The lease contained a covenant against assignment without .the consent of the owner. It also contained a provision as follows: “ The said tenant upon' the execution of this lease, hereby…
2Cases cited2 opinions
- Fortunato v. . PattenNew York Court of Appeals · 1895
- Silattuck v. BuekAppellate Terms of the Supreme Court of New York · 1912
3Cited by3 opinions
- Maldon Buildings, Inc. v. Allied Health Careers Jamaica Inc.Civil Court of the City of New York · 1974
- Manhattan Shirt Co. v. CisterninoCity of New York Municipal Court · 1945
- Washington Industrial Bldg. Co. v. National Bank of CommerceCourt of Appeals for the Ninth Circuit · 1930