Legal Opinion

Fishel v. Baronelli, Ltd.

Civil Court of the City of New York

Decided June 9, 1983PublishedCited by 8 opinions

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

  1. Becar v. . FluesNew York Court of Appeals · 1876
  2. Radlog Realty Corp. v. GeigerAppellate Division of the Supreme Court of the State of New York · 1938
  3. First National City Bank v. Wall Street Leasing Corp.Civil Court of the City of New York · 1974
  4. 59 Madison Avenue Corp. v. BauerCity of New York Municipal Court · 1958

3Cited by8 opinions

  1. Eight Cooper Equities v. AbramsNew York Supreme Court · 1989
  2. Asset 42302 LLC v. United StatesUnited States Court of Federal Claims · 2007
  3. People v. RichardsNew York Supreme Court · 1991
  4. South Ferry Building Co. v. 44 Wall Street Fund, Inc.Civil Court of the City of New York · 1988
  5. Mitchell v. City of New YorkCivil Court of the City of New York · 1992

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