Ford Holding Corp. v. Goldring

Appellate Terms of the Supreme Court of New York

Ford Holding Corp. v. Goldring

18 Misc. 2d 242, 192 N.Y.S.2d 863, 1959 N.Y. Misc. LEXIS 3403

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 24, 1959

StatusPublished

This text of 18 Misc. 2d 242 (Ford Holding Corp. v. Goldring) 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

Ford Holding Corp. v. Goldring, 18 Misc. 2d 242, 192 N.Y.S.2d 863, 1959 N.Y. Misc. LEXIS 3403 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

Tenants’ alleged breach of covenant to pay any increase in the fire insurance rate caused by his occupancy did not constitute a default in the payment of rent which would authorize the maintenance of a summary proceeding. (Bien v. Bixby, 18 Misc. 415, 418; cf. Haskel v. 60 West 53rd St. Corp., 138 Misc. 595, affd. 231 App. Div. 800.)

The order should be unanimously reversed upon the law, with $10 costs to tenant and petition dismissed without prejudice to the institution of a plenary action, if landlord be so advised, to recover the moneys claimed to be due from tenant.

Concur — Pette, Hart and Brown, JJ.

Order reversed, etc.

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