Legal Opinion

19 South Main Street Corp. v. Phalanx Motors, Inc.

Justice Court of Town of Ramapo

Decided September 7, 1962PublishedCited by 1 opinion

1Opinion of the CourtLeo Fassberg, J.

Summary proceedings are instituted here by the lessor against its tenant’s assignee on the grounds that the lease has expired by its own terms and that the assignee, tenant-respondent, Phalanx Motors, Inc. (hereinafter referred to as the tenant) has breached the essential terms of the lease by constant failure to pay the rent when due as provided in the lease. The contentions of the lessor are that the lease has expired by virtue of a conditional limitation on the one hand, and that the tenant has substantially broken its obligation under the lease on the other hand.

By way of defenses the…

2Cases cited5 opinions

  1. 974 Realty Corp. v. LedfordAppellate Terms of the Supreme Court of New York · 1957
  2. Louis J. Ehret Holding Corp. v. Anderson Galleries, Inc.City of New York Municipal Court · 1930
  3. Stern v. HarroldAppellate Terms of the Supreme Court of New York · 1958
  4. Lester Taylor, Inc. v. TellerAppellate Terms of the Supreme Court of New York · 1960
  5. Koss v. United Stores Realty Corp.Appellate Terms of the Supreme Court of New York · 1933

3Cited by1 opinion

  1. Kirschenbaum v. M-T-S Franchise Corp.Civil Court of the City of New York · 1974

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