Legal Opinion

Erlenbell v. Sound Realty Co.

Appellate Terms of the Supreme Court of New York

Decided June 28, 1916Published

Appeal from Municipal Court, Borough of Manhattan, Third District. Action by Marie Von Erlenbell against the Sound Realty Company. From a judgment for plaintiff in Municipal Court, defendant appeals. Reversed, and complaint dismissed.

1Opinion of the CourtBijur, J.

This appeal involves only the interpretation of the terms of a lease. Plaintiff brought this action to recover the sum of $500, deposited—

“as security for the prompt payment of the rent and additional rents and the faithful performance of all the conditions, covenants, and agreements in said lease contained. Said sum of $500 to be returned to said Wadsworth Caf6 Company, said tenant, at the expiration of or sooner termination of said lease, provided the rent and additional rents have been paid in full up to the date of the termination of said lease, and all the covenants, conditions, and…

2Cases cited4 opinions

  1. Anzolone v. PaskuszAppellate Division of the Supreme Court of the State of New York · 1904
  2. Gross v. SalzmanAppellate Terms of the Supreme Court of New York · 1909
  3. Slater v. BonfiglioCity of New York Municipal Court · 1907
  4. Horowitz v. EidelheitAppellate Terms of the Supreme Court of New York · 1915

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