Darmstadt v. Knickerbocker Chandelier & Electrical Supply Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Marie G. Darmstadt, from a determination and order of the Appellate Term of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 29th day of July, 1918, reversing a judgment of the Municipal Court of the City of New York, Borough of Manhattan, Third District, in plaintiff’s favor and dismissing the complaint.
1Opinion of the Court
Page, J.:
The parties hereto entered into a written lease of certain premises for a term of five years from May 1, 1916, at a stipulated rent payable in equal monthly installments. The defendant was dispossessed by summary proceedings for failure to pay the rent due for the month of July, 1917. The lease contained a covenant that if any rent should be due and unpaid, or if default should be made in any of the covenants therein contained, then it should be lawful for the plaintiff to re-enter and resume possession of said premises and the same to have again, repossess and enjoy by summary…
2Cases cited7 opinions
- Mann v. . Munch BreweryNew York Court of Appeals · 1919
- McCready v. . LindenbornNew York Court of Appeals · 1902
- In Re the General Assignment of HevenorNew York Court of Appeals · 1895
- Halpern v. . Manhattan Avenue Theatre CorporationNew York Court of Appeals · 1917
- Harding v. AustinAppellate Division of the Supreme Court of the State of New York · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hermitage Co. v. LevineNew York Court of Appeals · 1928
- Kottler v. New York Bargain House, Inc.New York Court of Appeals · 1926
- Hines v. BisgeierAppellate Division of the Supreme Court of the State of New York · 1935
- Jacob Ruppert Realty Corp. v. Bank of United StatesNew York Supreme Court · 1935
- 45 East 57th Street Co. v. MillarAppellate Division of the Supreme Court of the State of New York · 1925
2 more not listed; retrieve them via the Exa API.