Legal Opinion
Pine Hill Associates v. Malveaux
Appellate Terms of the Supreme Court of New York
Decided January 17, 1978PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Judgment and order of the court below (see 89 Misc 2d 234) *64unanimously reversed, without costs, and matter remanded to the court below for a trial in accordance with the opinion herein.
Where provided for in the lease, peaceable re-entry by landlord is permissible where the tenant has failed to pay the rent when due (see Fults v Munro, 202 NY 34; Michaels v Fishel, 169 NY 381; Cohen v Carpenter, 128 App Div 862; Ajax Wrecking & Lbr. Co. v Baker, NYLJ, April 21, 1977, p 12, col 4; 2 Rasch, NY Landlord and Tenant 2d ed, § 734.) However, this being a common-law…
2Cases cited6 opinions
- Michaels v. . FishelNew York Court of Appeals · 1902
- Fults v. . MunroNew York Court of Appeals · 1911
- Cohen v. CarpenterAppellate Division of the Supreme Court of the State of New York · 1908
- Earl v. NalleyAppellate Division of the Supreme Court of the State of New York · 1948
- Price v. Hoyle, New York County Courts1975
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- North Main Street Bagel Corp. v. DuncanAppellate Division of the Supreme Court of the State of New York · 2004
- Fish v. SimpsonCivil Court of the City of New York · 1984
- Kepo, Inc. v. RomanoAppellate Division of the Supreme Court of the State of New York · 1981
- Freeman v. MuiaAlbany City Court · 1986