Crandell v. Rappaport

Appellate Terms of the Supreme Court of New York

Crandell v. Rappaport

133 Misc. 598, 233 N.Y.S. 32, 1928 N.Y. Misc. LEXIS 1225

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 9, 1928

StatusPublished

This text of 133 Misc. 598 (Crandell v. Rappaport) 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

Crandell v. Rappaport, 133 Misc. 598, 233 N.Y.S. 32, 1928 N.Y. Misc. LEXIS 1225 (N.Y. Ct. App. 1928).

Pincite

Opinion

Per Curiam.

As against the rent which became due after the bankruptcy the defendant cannot in an action by the trustee who has assumed the lease offset the judgment obtained before the adjudication. In the case relied upon by the defendant (Mandel v. Koerner, 90 Misc. 9) there had been no adjudication in bankruptcy at the time the rent became due, and there was no trustee-plaintiff, assignee by operation of law of the lessor.

Judgment modified by directing judgment for the plaintiff for the sum of $691.67, with interest and costs, and as modified affirmed, with costs to appellant.

Settle order on notice.

All concur; present, Belehanty, Lydon and Crain, JJ.

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