Rubenstein v. Rosenthal
Appellate Terms of the Supreme Court of New York
Appeal from an order of the Municipal Court of the city of Hew York, Fourth District, borough of Manhattan, denying a motion by one Peter Doelger to vacate and set aside a final order entered in summary proceedings, and for leave to intervene and defend.
1Opinion of the CourtScott, J.
The tenant Rosenthal held from- Louis Ruben-stein a certain house in this city, under a lease made in February, 1904, and running for five years from May 1, 1904. The appellant Doelger, a brewer, took from Rosenthal a mortgage on the lease which was duly filed. It does not appear that the landlord had notice or knowledge of this mortgage, and it is, as we think, immaterial whether he had or not. Rosenthal failed to pay the rent due on January 1, 1906, and, on the nineteenth of January, this proceeding was begun to regain possession of the premises for the default in payment of rent. Doelger…
2Cases cited1 opinion
- Cole v. . MalcolmNew York Court of Appeals · 1876
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