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

Appellate Terms of the Supreme Court of New York·Decided June 24, 1959·Published

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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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.

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).

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Opinion

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