I. Simon Co. v. Dwake

Appellate Terms of the Supreme Court of New York

I. Simon Co. v. Dwake

197 Misc. 1090, 98 N.Y.S.2d 305, 1950 N.Y. Misc. LEXIS 1765

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 23, 1950

StatusPublished

Cited by1 cases

This text of 197 Misc. 1090 (I. Simon Co. v. Dwake) 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

I. Simon Co. v. Dwake, 197 Misc. 1090, 98 N.Y.S.2d 305, 1950 N.Y. Misc. LEXIS 1765 (N.Y. Ct. App. 1950).

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Opinions

Per Curiam.

The provision of the lease by which the owner gave permission to the lessee, landlord here, to make any structural alteration or addition now or at any future time on condition that the lessee obtain written consent of the mortgagee and furnish a surety company completion bond to the owner, was made for the benefit of the owner, the mortgagee and the lessee. The owner and mortgagee could waive or insist on performance. They alone had that right. The provision was not made for the benefit of lessee’s subtenants. They could not enforce performance. As to them performance or waiver was not more than a requirement of proof at the trial. The proof given warranted the decision for the landlord.

The final order should be affirmed, with $25 costs.

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Per Curiam.

The provision of the lease by which the owner gave permission to the lessee, landlord here, to make any structural alteration or addition now or at any future time on condition that the lessee obtain written consent of the mortgagee and furnish a surety company completion bond to the owner, was made for the benefit of the owner, the mortgagee and the lessee. The owner and mortgagee could waive or insist on performance. They alone had that right. The provision was not made for the benefit of lessee’s subtenants. They could not enforce performance. As to them performance or waiver was not more than a requirement of proof at the trial. The proof given warranted the decision for the landlord.

The final order should be affirmed, with $25 costs.

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Bluebook (online)

197 Misc. 1090, 98 N.Y.S.2d 305, 1950 N.Y. Misc. LEXIS 1765, Counsel Stack Legal Research, https://law.counselstack.com/opinion/i-simon-co-v-dwake-nyappterm-1950.

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