Fishel v. Baronelli, Ltd.
Civil Court of the City of New York
1Opinion of the Court
OPINION OF THE COURT
David B. Saxe, J.
The issue that I must resolve in this landlord-tenant proceeding is as follows: May a landlord maintain a summary proceeding where the tenant never actually took occupancy of the leased premises, but received an executed copy of the lease as well as a set of keys?
The essential facts are as follows: On December 22,1982, Sion Setton, vice-president of respondent tenant Baronelli, Ltd., entered into a five-year commercial lease agreement with petitioner landlord Fay Fishel, of Our Darling Realty Co., for space at 627 Broadway. At the time of the signing,…
2Cases cited4 opinions
- Becar v. . FluesNew York Court of Appeals · 1876
- Radlog Realty Corp. v. GeigerAppellate Division of the Supreme Court of the State of New York · 1938
- First National City Bank v. Wall Street Leasing Corp.Civil Court of the City of New York · 1974
- 59 Madison Avenue Corp. v. BauerCity of New York Municipal Court · 1958
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- People v. RichardsNew York Supreme Court · 1991
- South Ferry Building Co. v. 44 Wall Street Fund, Inc.Civil Court of the City of New York · 1988
- Mitchell v. City of New YorkCivil Court of the City of New York · 1992
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