Legal Opinion

58-59 Realty Corp. v. Park Central Valet, Inc.

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

Decided July 1, 1937PublishedCited by 3 opinions

1Opinion of the CourtMartin, P. J.

We are asked to review the granting of a final order in favor of the tenant in a summary hold-over proceeding which has been affirmed by the Appellate Term, with one justice dissenting.

The parties hereto, under date of January 26, 1933, entered into a written lease of store No. 3 in a building known as Essex House, at 160 Central Park South “ for a term to commence March 1st, 1933, and to end on September 30th, 1936, unless sooner terminated as hereinafter provided,” at a stipulated rent. The lease contained a clause which reads, in part, as follows:

“ Twenty-Eighth. This lease is made upon…

2Cases cited4 opinions

  1. N. E. D. Holding Co. v. McKinleyNew York Court of Appeals · 1927
  2. Tracy v. . Albany Exchange Co.New York Court of Appeals · 1852
  3. Western New York & Pennsylvania Railway Co. v. ReaAppellate Division of the Supreme Court of the State of New York · 1903
  4. Hall v. First National Bank of KenmoreAppellate Division of the Supreme Court of the State of New York · 1929

3Cited by3 opinions

  1. Levy v. AmeliasNew York Supreme Court · 1955
  2. McArthur v. Rosenbaum Co.District Court, W.D. Pennsylvania · 1949
  3. Genesee Conservation Foundation, Inc. v. Oatka Fish & Game Club, Inc.Appellate Division of the Supreme Court of the State of New York · 1978

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