Cammann v. Krane

Appellate Terms of the Supreme Court of New York

Cammann v. Krane

142 Misc. 10, 253 N.Y.S. 761, 1931 N.Y. Misc. LEXIS 1536

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 18, 1931

StatusPublished

This text of 142 Misc. 10 (Cammann v. Krane) 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

Cammann v. Krane, 142 Misc. 10, 253 N.Y.S. 761, 1931 N.Y. Misc. LEXIS 1536 (N.Y. Ct. App. 1931).

Pincite

Opinion

Per Curiam.

The manifest inconsistency between the 6th printed clause and the 16th typewritten clause of the lease drawn by the landlords makes the printed clause inoperative (Cohen v. Peterson, 125 Misc. 846); and as under the typewritten part of the agreement the sum of $875, security deposited by the tenant, belonged to the landlords as liquidated and stipulated damages in the event of dispossession, and there appears no claim of damage other than loss of rent, the landlords were not entitled, in addition to the final order, to recover judgment in the proceeding for the $825, rent due.

Final order so far as appealed from reversed, with thirty dollars costs, and petition in so far as it demands judgment for rent dismissed, with costs.

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

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Per Curiam.

The manifest inconsistency between the 6th printed clause and the 16th typewritten clause of the lease drawn by the landlords makes the printed clause inoperative (Cohen v. Peterson, 125 Misc. 846); and as under the typewritten part of the agreement the sum of $875, security deposited by the tenant, belonged to the landlords as liquidated and stipulated damages in the event of dispossession, and there appears no claim of damage other than loss of rent, the landlords were not entitled, in addition to the final order, to recover judgment in the proceeding for the $825, rent due.

Final order so far as appealed from reversed, with thirty dollars costs, and petition in so far as it demands judgment for rent dismissed, with costs.

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

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Bluebook (online)

142 Misc. 10, 253 N.Y.S. 761, 1931 N.Y. Misc. LEXIS 1536, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cammann-v-krane-nyappterm-1931.

Opinion

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