Edythe Nelson, Inc. v. 500 Fifth Avenue, Inc.

Appellate Division of the Supreme Court of New York

Edythe Nelson, Inc. v. 500 Fifth Avenue, Inc.

272 A.D.2d 813

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 29, 1947

StatusPublished

This text of 272 A.D.2d 813 (Edythe Nelson, Inc. v. 500 Fifth Avenue, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Edythe Nelson, Inc. v. 500 Fifth Avenue, Inc., 272 A.D.2d 813 (N.Y. Ct. App. 1947).

Pincite

Opinion

We hold that the issuance of the injunction did not violate the provisions of section 1446 of the Civil Practice Act in view of the cause of action for reformation set forth in the complaint. This ruling is made without passing upon the sufficiency of said cause of action. We find, however, that the defendant-landlord was entitled to further security as a condition of granting an injunction. The order appealed from is accordingly modified so as to provide that the plaintiff be required to deposit with the clerk of the Supreme Court to the credit of this action all fixed rent due and to grow due and to furnish in addition an undertaking in the sum of $7,500 for the payment of any percentage rent that may be found due. Order, as so modified, unanimously affirmed, with $20 costs and disbursements to the appellant. Settle order on notice. Present — Martin, P. J., Glennon, Dore, Callahan and Van Voorhis, JJ.

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We hold that the issuance of the injunction did not violate the provisions of section 1446 of the Civil Practice Act in view of the cause of action for reformation set forth in the complaint. This ruling is made without passing upon the sufficiency of said cause of action. We find, however, that the defendant-landlord was entitled to further security as a condition of granting an injunction. The order appealed from is accordingly modified so as to provide that the plaintiff be required to deposit with the clerk of the Supreme Court to the credit of this action all fixed rent due and to grow due and to furnish in addition an undertaking in the sum of $7,500 for the payment of any percentage rent that may be found due. Order, as so modified, unanimously affirmed, with $20 costs and disbursements to the appellant. Settle order on notice. Present — Martin, P. J., Glennon, Dore, Callahan and Van Voorhis, JJ.

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Bluebook (online)

272 A.D.2d 813, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edythe-nelson-inc-v-500-fifth-avenue-inc-nyappdiv-1947.