Kemwol Realty Corp. v. Degenshein

Appellate Terms of the Supreme Court of New York

Kemwol Realty Corp. v. Degenshein

23 Misc. 2d 967, 206 N.Y.S.2d 247, 1960 N.Y. Misc. LEXIS 3703

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 29, 1960

StatusPublished

This text of 23 Misc. 2d 967 (Kemwol Realty Corp. v. Degenshein) 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

Kemwol Realty Corp. v. Degenshein, 23 Misc. 2d 967, 206 N.Y.S.2d 247, 1960 N.Y. Misc. LEXIS 3703 (N.Y. Ct. App. 1960).

Pincite

Opinion

Per Curiam.

Under the circumstances of this case, the plaintiff was not estopped from holding the defendants individually liable to perform the covenants of the lease. No assumption agreement was ever executed by the corporation as provided for in the lease. The mere acceptance of rent paid on behalf of the corporation did not effect a substitution of the corporation as the tenant in the place of the defendants so as to relieve the latter from their covenant to pay rent. (2 New York Law of Landlord and Tenant, § 537 and cases cited therein.)

The judgment should be unanimously reversed upon the law and facts, with $30 costs to plaintiff, and judgment directed for the plaintiff for the sum of $825, with appropriate costs in the court below.

Concur — Hart, Di Gtovanna and Brown, JJ.

Judgment reversed, etc.

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Per Curiam.

Under the circumstances of this case, the plaintiff was not estopped from holding the defendants individually liable to perform the covenants of the lease. No assumption agreement was ever executed by the corporation as provided for in the lease. The mere acceptance of rent paid on behalf of the corporation did not effect a substitution of the corporation as the tenant in the place of the defendants so as to relieve the latter from their covenant to pay rent. (2 New York Law of Landlord and Tenant, § 537 and cases cited therein.)

The judgment should be unanimously reversed upon the law and facts, with $30 costs to plaintiff, and judgment directed for the plaintiff for the sum of $825, with appropriate costs in the court below.

Concur — Hart, Di Gtovanna and Brown, JJ.

Judgment reversed, etc.

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Bluebook (online)

23 Misc. 2d 967, 206 N.Y.S.2d 247, 1960 N.Y. Misc. LEXIS 3703, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kemwol-realty-corp-v-degenshein-nyappterm-1960.