O'Connell v. Sugar Products Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, fifth district, in favor of plaintiff, and dismissing defendant’s counterclaim.
1Opinion of the CourtWagner, J.
The trial judge correctly stated the existing rule to be that where a lessee sublets the demised premises for the unexpired term the transaction in effect, as far as the original lessor is concerned, is an assignment of the lease, and the original lessor can proceed against the so-called sub-lessee as assignee of the term. Stewart v. Long Island R. R. Co., 102 N. Y. 601.
We incline to the view that the dissenting opinion of Judge Finch in the case cited enunciates a better rule governing assignment and subletting; but, as the dissenting judge himself says in his opinion, the old fiction which…
2Cases cited2 opinions
- Stewart v. . Long Island R.R. Co.New York Court of Appeals · 1886
- Collins v. . HasbrouckNew York Court of Appeals · 1874
3Cited by6 opinions
- Burnee Corp. v. Uneeda Pure Orange Drink Co.Appellate Terms of the Supreme Court of New York · 1928
- Blitzkrieg Amusement Corp. v. Rubenstein Bros.City of New York Municipal Court · 1945
- 220-228 Brook Avenue Corp. v. ZaftAppellate Terms of the Supreme Court of New York · 1934
- Full House Foods, Inc. v. 33rd Street Enterprises, Inc. (In Re Full House Foods, Inc.)United States Bankruptcy Court, S.D. New York · 2002
- Rohdenburg v. Sol. Lazarus, Inc.Appellate Terms of the Supreme Court of New York · 1933
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