Broadway Renting Co. v. Wolpin
Appellate Terms of the Supreme Court of New York
Appeal by the defendants from a judgment in favor of the plaintiff, rendered in the Municipal Court of the city of New York, eighth district, borough of Manhattan.
1Per curiam
It is difficult to distinguish this case from that of Weinberg v. Greenberger, 47 Misc. Rep. 117. There, as here, a deposit was given by the proposed lessee, as security for plaintiff’s fulfillment of its promise to execute a lease. There was no agreement that the deposit was to be deemed a penalty, or as liquidated damages; and no *200damages were shown to have been sustained by the plaintiff, by reason of the defendants’ refusal to execute the lease, even assuming that the refusal was without just reason.
The cases cited by respondent, of which Pleischman v. Plonk, 19 Misc. Rep. 649, and…
2Cases cited2 opinions
- Weinberg v. GreenbergerAppellate Terms of the Supreme Court of New York · 1905
- Fleischman v. PlockAppellate Terms of the Supreme Court of New York · 1897
3Cited by3 opinions
- Cohn v. SmarrAppellate Division of the Supreme Court of the State of New York · 1925
- Rivertower Associates v. ChalfenAppellate Division of the Supreme Court of the State of New York · 1990
- Baff v. WeidenAppellate Terms of the Supreme Court of New York · 1915