A. A. S. Realty Corp. v. Rabinowitz

Appellate Terms of the Supreme Court of New York

A. A. S. Realty Corp. v. Rabinowitz

142 Misc. 9, 253 N.Y.S. 588, 1931 N.Y. Misc. LEXIS 1519

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 25, 1931

StatusPublished

This text of 142 Misc. 9 (A. A. S. Realty Corp. v. Rabinowitz) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

A. A. S. Realty Corp. v. Rabinowitz, 142 Misc. 9, 253 N.Y.S. 588, 1931 N.Y. Misc. LEXIS 1519 (N.Y. Ct. App. 1931).

Pincite

Opinion

Per Curiam.

As the parties struck out of the printed clause in the lease — the clause relied upon by the plaintiff for a con[10]*10tinuance of the tenant’s obligation to pay rent and damages after dispossession by summary proceedings — the words “ should the tenant'be evicted by summary proceedings or otherwise,” it must be assumed that it was the intention of the parties there would be no survival of the tenant’s obligation to pay rent after dispossession in summary proceedings. The lease having come to an end by the tenant’s removal in obedience to the precept (Cornwell v. Sanford, 222 N. Y. 248), even though the agreement for surrender and acceptance pleaded by the tenant had not been made, the defendant was entitled to credit the security deposited by him against the January rent for non-payment of which the proceeding had been brought.

Judgment and order reversed, with thirty dollars costs, and judgment directed for defendant in the consolidation action dismissing the complaint on the merits, with costs.

All concur; present, Lydon, Levy and Callahan, JJ.

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Per Curiam.

As the parties struck out of the printed clause in the lease — the clause relied upon by the plaintiff for a con[10]*10tinuance of the tenant’s obligation to pay rent and damages after dispossession by summary proceedings — the words “ should the tenant'be evicted by summary proceedings or otherwise,” it must be assumed that it was the intention of the parties there would be no survival of the tenant’s obligation to pay rent after dispossession in summary proceedings. The lease having come to an end by the tenant’s removal in obedience to the precept (Cornwell v. Sanford, 222 N. Y. 248), even though the agreement for surrender and acceptance pleaded by the tenant had not been made, the defendant was entitled to credit the security deposited by him against the January rent for non-payment of which the proceeding had been brought.

Judgment and order reversed, with thirty dollars costs, and judgment directed for defendant in the consolidation action dismissing the complaint on the merits, with costs.

All concur; present, Lydon, Levy and Callahan, JJ.

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Bluebook (online)

142 Misc. 9, 253 N.Y.S. 588, 1931 N.Y. Misc. LEXIS 1519, Counsel Stack Legal Research, https://law.counselstack.com/opinion/a-a-s-realty-corp-v-rabinowitz-nyappterm-1931.

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